Appellate Division

The General Assignment Order for 2017-18

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published.  It is available here. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the Deputy Presiding Judge for Administration.  The Presiding Judges of the ...

Farewell to the Appellate Division’s Civil Pro Bono Program, But ….

Those of us who have handled pro bono appeals in the Appellate Division received notice from that court today that its Civil Pro Bono Program is being suspended.  The notice stated that “[d]ue to changes to the judiciary website the ...

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017).  Issues of personal jurisdiction crop up fairly frequently, despite New Jersey’s settled principle of applying personal jurisdiction to the outer limits of what due process ...

“Learned Professional” Exception to Consumer Fraud Act Exempts Providers of Ambulance Services

Atlantic Ambulance Corp. v. Cullum, 451 N.J. Super. 247 (App. Div. 2017).  In her first published opinion for the Appellate Division since her elevation, Judge Mayer today addressed consolidated putative class action cases asserting Consumer Fraud Act (“CFA”) and other ...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017).  In her opinion for the Appellate Division today, Judge Reisner entered the competition for the most concise opinion of the ...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017).  Beach access has long been an important and controversial issue in New Jersey.  After Superstorm Sandy in 2013, the New ...

“Reasonable Expectations of the Insured” Did Not Defeat Clear Policy Exclusion of “Insured vs. Insured” Claims

Abboud v. National Union Fire Ins. Co., 450 N.J. Super. 400 (App. Div. 2017).  This opinion by Judge Ostrer interpreted an “insured vs. insured” exclusion in a directors and officers liability insurance policy.  That exclusion generally bars coverage for claims ...

Plaintiffs’ Creative Arguments Did Not Overcome the Language of Insurance Policies That Precluded Coverage

Gil v. Clara Maass Medical Center, 450 N.J. Super. 368 (App. Div. 2017).  This was a medical malpractice case.  The appeal, however, resulted from the Law Division’s grant of summary judgment in favor of certain insurers, which threw out plaintiff’s ...

State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017).  The Office of the State Comptroller (“OSC”) was established by the Legislature in 2007, in order to subject governmental financial activities to uniform, meaningful, and systematic public scrutiny.  N.J.S.A. 52:15C-1 ...

No Attorneys’ Fees Under OPRA Where Requested Documents Were Produced Before OPRA Lawsuit Was Filed

Stop & Shop Supermarket Co., LLC v. County of Bergen, 450 N.J. Super. 286 (App. Div. 2017).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA.  A successful OPRA ...