New Jersey Supreme Court Justice Anne Patterson/photo by Carmen Natale/ALM Interlocutory Appeal Is Sometimes Warranted
Despite recognizing its heavy docket, we urge the Appellate Division to review motions for leave to appeal with liberality when a trial court decision could be wrong and result in unnecessarily long and costly litigation or an issue would become irremediable.
April 17, 2022 at 10:00 AM
3 minute read
In Harris v. City of Newark, decided on March 30, 2022, the New Jersey Supreme Court reminded attorneys about the strong principle against interlocutory appeals in New Jersey and of the need to avoid piecemeal litigation and appellate review before a matter becomes final. The court concluded that "a trial court's order rejecting as a matter of law a claim of qualified immunity should not be designated as a final order appealable as of right under Rule 2:2-3(a)…." (Opinion at 3).
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