NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

The First Half of August- Supreme Court Decisions in Criminal Cases

Due to a combination of factors, there have been no posts on this blog in the first half of August. This post will begin the catch-up process by summarizing the...

Either Side of July 4

With July 4 falling on a Tuesday, some of us took the opportunity to extend the preceding weekend into some or all of the last days of June, July 3,...

Fraud Action Against Municipality and Its Officials Disputing Tax Assessment is Dismissed as Belated "Thinly-Veiled Tax Appeals"

Arsenis v. Borough of Bernardsville, 476 N.J. Super. 195 (App. Div. 2023). The first sentence of Judge DeAlmeida's opinion for the Appellate Division today summarized the issue on appeal in...

Two Law Against Discrimination Decisions by the Appellate Division

Beneduci v. Graham Curtin P.A., 476 N.J. Super. 73 (App. Div. 2023); Guzman v. M. Texeira Int'l, Inc., 476 N.J. Super. 64 (App. Div. 2023). The Appellate Division issued two...

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

The Status of Real Estate Salespeople, and an Encore Sexual Assualt Survivor Protection Act Case, for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. In Kennedy v. Weichert Co., where the Court granted leave to appeal, the question presented, as phrased...

What is a "Class Action" Under the Class Action Fairness Act?

Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...

The Effect of Supreme Court Dictum

In re Registrant R.H., 475 N.J. Super. 460 (App. Div. 2023). This opinion by Judge Mayer addressed two consolidated Megan's Law cases. In each case, defendants sought to terminate their...

The Anticipated Catch-Up Post: Two Published Appellate Division Decisions

As indicated here, it was likely that there would be published opinions issued during this blog's holiday break. It turns out that there were two such opinions, both by the...

Two Constitutional Law Decisions From the Appellate Division

State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023); In re Appeal of Denial of M.U.'s Application for a Handgun Purchase Permit, 475 N.J. Super. 148 (App. Div. 2023)....

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The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....