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The Supreme Court announced today that it has granted review in five more cases. In four of those matters, the Court granted certification. The fifth case will be before the Court as a result of a motion for leave to appeal. Wild v. Carriage Funeral Holdings, Inc. was the subject of a published Appellate Division […]

The post The Supreme Court Takes Up Five More Cases appeared first on Appellate Law NJ Blog.

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The United States Senate this week confirmed Peter Phipps, who currently sits as a District Judge in the United States District Court for the Western District of Pennsylvania, for a seat on the Third Circuit. The vote was 56-40, with three Democrats joining all Republican Senators in voting in favor. Judge Phipps now takes the […]

The post Peter Phipps is Confirmed for a Seat on the Third Circuit Court of Appeals appeared first on Appellate Law NJ Blog.

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L.R. v. Camden City Public School Dist., ___ N.J. ___ (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was affirmed by an equally divided Court. Only six Justices sat because Justice Fernandez-Vina did not participate. As discussed here, the question presented in this appeal […]

The post “Affirmed by an Equally Divided Court” appeared first on Appellate Law NJ Blog.

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Cameron v. South Jersey Pubs, Inc., ___ N.J. Super. ___ (App. Div. 2019). As discussed here, in Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017), the Supreme Court rendered a split decision on class certification in two consolidated consumer action cases involving drink prices at TGI Friday’s restaurants. Those cases sought damage classes under […]

The post Still Fighting Over <i>Dugan v. TGI Friday’s</i> appeared first on Appellate Law NJ Blog.

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In a development foreshadowed by yesterday’s issuance of the 2019-2020 General Assignment Order, the Supreme Court today published two orders dated July 8 that appoint Judges Ronald Susswein and Catherine Enright to the Appellate Division, effective as of August 1, 2019. Judge Susswein was appointed to the bench in Mercer County by Governor Christie in […]

The post Judges Susswein and Enright are Promoted to the Appellate Division appeared first on Appellate Law NJ Blog.

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Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered […]

The post Traditional Contract Law “Penalty” Clause Analysis Does Not Apply to Matrimonial Settlement Agreements appeared first on Appellate Law NJ Blog.

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F.K. v. Integrity House, Inc., ___ N.J. Super. ___ (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant received. In order to satisfy the three-pronged test for charitable immunity, the second prong of which (the only one at issue on this appeal) requires […]

The post Charitable Immunity Requires That a Non-Religious, Non-Educational Immunity Claimant Receive Some Substantial Percentage of Its Revenue From Charitable Contributions appeared first on Appellate Law NJ Blog.

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Chief Justice Rabner has issued the general Assignment Order for 2019-2020. It is available here. As occurs every year, the eight Appellate Division Parts have been reshuffled. But some things remain the same. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino as Deputy Presiding Judge for Administration. Those two judges, as well […]

The post The 2019-2020 General Assignment Order appeared first on Appellate Law NJ Blog.

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On July 3, 1997, the Supreme Court decided Lemelledo v. Beneficial Management Corp. of America, 150 N.J. 255 (1997). Justice Handler’s opinion in that case, for a 6-0 Court, is a key Consumer Fraud Act (“CFA”) case. It is also the leading authority as to when a CFA claim is, or is not, pre-empted by […]

The post 22 Years Since <i>Lemelledo v. Beneficial Management</i> appeared first on Appellate Law NJ Blog.

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Goldfarb v. Solimine, ___ N.J. Super. ___ (App. Div. 2019). Everyone has their favorite judge(s) before whom they would prefer to try a case. In this case, “a defense attorney, in an ex parte communication, sought [a particular] judge’s assignment to the case, and the judge responded by specifically requesting the assignment from the presiding […]

The post “Judge-Shopping”: Don’t Do It appeared first on Appellate Law NJ Blog.

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