Petro-Lubricant Testing Laboratories, Inc. v. Adelman, ___ N.J. Super. ___ (App. Div. 2016).  The “single publication rule” gives a defamation plaintiff “a single cause of action, which arises at the first publication of an alleged libel, regardless of the number of copies of the publication distributed or sold.”  Churchill v. State, 378 N.J. Super. 471 (App. Div. 2005), held that the single publication rule, which was originally designed to apply to newspapers or leaflets, extended to the internet.  That case also ruled that technical changes to the allegedly offending internet publication did not constitute a new publication that would extend the statute of limitations.  There is a strict one-year statute of limitations for defamation under N.J.S.A. 2A:14-3. read more

Yesterday, when I was out of the office, was the sixth anniversary of this New Jersey Appellate Law blog.  I can only offer, yet again, my thanks to those jurists, attorneys, law students, and other interested persons who have subscribed to or otherwise followed this blog, and for their thoughts and comments on it. read more

Have you ever wondered about the very first opinion ever to appear in New Jersey Reports?  If not (and it’s certainly more than understandable if you have not expended time thinking about that), today is the day to do so, since it was on October 11, 1948 that the Supreme Court issued its decision in Smith v. Hrzich, 1 N.J. 1 (1948).  That opinion was written by Justice Wachenfeld for a unanimous Court. read more

At last week’s NJSBA Appellate Practice Committee meeting, which featured a talk about ethics in appellate practice, statistics for the 2015-16 Appellate Division term were presented.  Those statistics are generally similar from term to term, as can be seen (for example) here.  The just-concluded term continues that pattern. read more

As of October 1, Judge Smith has succeeded Judge McKee as Chief Judge of the Third Circuit Court of Appeals.  Judge McKee has been Chief Judge since 2010, succeeding Judge Scirica in that role.  Judge McKee is thus, to date, the only Third Circuit Chief Judge that this blog has ever known. read more

I have posted elsewhere about the “four C’s” for New Jersey Bar applicants before the Supreme Court Committee on Character.  At last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee, Charles Centinaro, the Director of the Office of Attorney Ethics, made a presentation about ethics in appellate practice that topped my “four C’s.”  Mr. Centinaro offered the following “seven C’s” (carefully noting the pun on “seven seas”) for ethical appellate practice. read more

Midland Funding, LLC v. Bordeaux, ___ N.J. Super. ___ (App. Div. 2016).  This was a small claims case in which plaintiff sought to collect a consumer debt as to which it was an assignee.  After defendant filed an answer and a counterclaim under the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq., plaintiff answered that counterclaim, and the parties began discovery, plaintiff moved to compel arbitration.  That motion was based on submission of a purported arbitration agreement. read more

The Supreme Court has announced that it has granted review in three new cases.  The cases are an interesting assortment. read more