HUNY & BH Associates v. Silberberg, 447 N.J. Super. 606 (App. Div. 2016).  This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion to dismiss an appeal.  Defendant Silberberg filed a motion to ...

McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016).  Appellate advocates like to write in ways that make an impact.  But sometimes they can go too far.  In today’s non-precedential, ...

Today, Chief Justice Rabner issued the 2016-2017 General Assignment Order, which is available here.  This document contains the assignments of all Superior and Tax Court judges for the coming term. Relevant to the Appellate Division, the General Assignment Order continues ...

In re Estate of Byung-Tae Oh, 445 N.J. Super. 402 (App. Div. 2016).  In 2001, the decedent in this estate matter, Byung-Tae Oh, at all times a citizen of South Korea, wired $900,000 of his money into the business account ...

In re Enforcement of New Jersey False Claims Act Subpoenas, 444 N.J. Super. 566 (App. Div. 2016).  The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18 (“NJFCA”), encourages private parties to file, under seal, qui tam ...

Last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee featured Judge Fisher.  He took questions and discussed various issues of practice and the preferences of Appellate Division judges (or at least his own preferences). Judge Fisher ...

Morgan v. Raymours Furniture Co., 443 N.J. Super. 338 (App. Div. 2016).  Today, Judge Fisher issued the first published Appellate Division decision of 2016.  Recently, Judge Fisher wrote an opinion that cited Humpty Dumpty and Joyce Kilmer’s poem “Trees.”  His ...

In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015).  Many intermediate appellate courts frequently issue opinions that affirm on the basis of rulings by trial level judges.  New Jersey’s Appellate ...

Freedman v. Sufrin, 443 N.J. Super. 128 (App. Div. 2015).  This opinion by Judge Fisher today involved the proper interpretation of a restrictive covenant that purported to restrict the removal of trees from plaintiffs’ property.  The covenant, one of several ...

Ippolito v. Ippolito, 445 N.J. Super. 1 (App. Div. 2015).  This opinion by Judge Fisher today involved an appeal from a summary contempt proceeding.  Counsel for plaintiff in this matrimonial case wrote a letter to the Family Part judge handling ...