Last Week in the Appellate Division

Today is Election Day, and courts are closed. That offers the opportunity to catch up with the Appellate Division, which issued three published opinions last week. Here are summaries of ...

Editorial- The 2024 Presidential Election

[Disclosure/disclaimer: As with all posts labeled “Editorial,” this post reflects the views only of its author. The views expressed do not purport to represent those of Lite DePalma Greenberg & ...

A Criminal Appeal Involving the “Duty to Retreat,” and a Civil Case About the Statute of Limitations for Breach of an Installment Contract

The Supreme Court announced that it has granted certification in two new appeals. One is a criminal matter and the other a civil case. The criminal case is State v. ...

Appellate Division Oral Argument of the Week: The School Ethics Act vs. The First Amendment

Tomorrow, October 29, judges on Part F will hear oral argument in Donnerstag v. Koenig. The appeal is from a decision of the School Ethics Commission. The case arose from ...

A New Required Certification for Appellate Briefs

The Supreme Court’s September 4, 2024 Order providing for the posting online of most Appellate Division and Supreme Court briefs in argued cases, discussed here, has led to an interim ...

Appellate Division Oral Argument of the Week: Is It a Design Defect for an Auto Manufacturer Not to Include Available Safety Technology in a Particular Model of Vehicle?

On Tuesday, October 22, judges on Part E will hear oral argument in Berkoski v. Honda Motor Co. Ltd. The briefing on that appeal, which has been taken from the ...

The Fourteenth Anniversary of New Jersey Appellate Blog

Last Friday, October 18, while I was out of action, marked fourteen years since the start of this blog on October 18, 2010. Much has changed since then, over 2,300 ...

Disbarred Attorneys May Now Apply for Reinstatement After Five Years

Yesterday, the Supreme Court announced a sea change in the law governing attorney disbarments. Ever since In re Wilson, 81 N.J. 451 (1979), disbarment has been permanent. There was no ...

Appellate Division Oral Argument of the Week: Must the Attorney General’s Office Indemnify and Defend a County Prosecutor’s Office in a Case Where Only Non-Monetary Relief is Sought?

Tomorrow morning, Wednesday, October 16, Part D will hear oral arguments in Monmouth County Prosecutor’s Office v. Office of the Attorney General Department of Law and Public Safety. The appeal ...

An Ex Post Facto/Parole Case for the Supreme Court

The Supreme Court announced that it has granted certification in Krug v. New Jersey State Parole Bd. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does ...