In a Notice to the Bar issued today, which is available here, Judge Messano announced new guidelines for emergent applications in the Appellate Division.  Those guidelines will take effect on September 14, 2015.  There will also be a revised Application ...

Chief Justice Rabner has issued the General Assignment Order for 2015-16.  The full Order, whose assignments take effect on September 1, 2015, can be viewed here. As far as the Appellate Division goes, the General Assignment Order shows that Judge Messano will ...

New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014).  New Jersey Natural Gas (“NJNG”) proposed to remove underground gas regulators located in the Borough of Red Bank and replace them with above-ground ...

This week’s New Jersey Law Journal contains the result of a Law Journal survey of practitioners who were asked to rate the judges of the Appellate Division in nine separate categories on a scale of 1-10, with 10 being the ...

Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013).  This is another case that involves the power of citizens of a municipality established under the Faulkner Act, N.J.S.A. 40:69A-1 to -210, to propose municipal ordinances by initiative, N.J.S.A. 40:69A-184, or approve or ...

Flood .v. Aluri-Vallabhaneni, 431 N.J. Super. 365 (App. Div. 2013).  On June 4, in Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013), a panel consisting of Judges Messano, Lihotz and Kennedy, in an opinion by Judge Lihotz, discussed here, raised questions about ...

In re Veto of Minutes of New Jersey Racing Comm’n, 429 N.J. Super. 277 (App. Div. 2012).  This case, in which Judge Messano wrote the Appellate Division’s opinion, involved an unusual statutory scheme.  Under legislation that created the Atlantic City Tourism District, ...

Santiago v. New York & New Jersey Port Authority, 429 N.J. Super. 150 (App. Div. 2012).  N.J.S.A. 32:1-163 states that “in the case of any suit, action or proceeding for the recovery or payment of money [against the Port Authority of New ...

Filgueiras v. Newark Public Schools, 426 N.J. Super. 449 (App. Div. 2012).  This case arose out of the allegedly improper termination of a gym teacher by Newark Public Schools.  [Disclosure:  My firm, Lite DePalma Greenberg, LLC, represents Newark Public Schools, but did ...

The NJSBA Annual Meeting in Atlantic City featured a program today on the “nuts and bolts” of appellate practice.  The panel of speakers was headed by Judges Carchman and Messano.  Naturally, many of the “nuts and bolts” were the kinds ...