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

Immunity for Actions of Hospital Internal Review Committees

Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 ("HCQIA"), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising...

Atalese Arbitration Ruling Applies to Common Law Claims as Well as Statutory Claims

Dispenziere v. Kushner Companies, 438 N.J. Super. 11 (App. Div. 2014). In Atalese v. United States Legal Services Group, L.P., 219 N.J. 430 (2014), discussed here, the Supreme Court ruled that...

A "Tail" Insurance Tale

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a "tail" insurance policy is one that "provides insurance coverage for malpractice...

Veterans Day, and Free Speech

Today is Veterans Day, which currently is made a federal holiday by 5 U.S.C. §6103(a) and a state holiday by N.J.S.A. 36:1-1. The holiday began as Armistice Day, since it was...

An Anniversary in New Jersey Contract Interpretation

On this date in 1956, the Supreme Court decided Newark Publishers' Ass'n v. Newark Typographical Union, 26 N.J. 419 (1956). That unanimous opinion by Justice Heher involved whether the Newark...

The Courier Font

Rule 2:6-10, which addresses the format of appellate briefs, states (among other things) that Supreme Court of New Jersey and Appellate Division briefs "shall contain no more than 26 double-spaced lines...

Supreme Court and Appellate Division Fees Will Increase on November 17

In a Notice to the Bar that was published today, the Supreme Court announced that a number of fees in various courts will increase as of November 17, 2014. Of...

Supreme Court Will Review State v. Buckner (Recall Judges Case)

Yesterday, as expected, the Supreme Court announced that an appeal as of right has been filed, and had been accepted by the Supreme Court, in State v. Buckner, 437 N..J....

Some Closure in Pennsylvania?

I recently reported on the circus-like atmosphere surrounding the Supreme Court of Pennsylvania as a result of the criminal conviction of former Justice Joan Orie Melvin and the more recent...

The Grass is Not Greener

Some people have complaints about the Justices of the Supreme Court of New Jersey, though our Court in fact remains at or near the top of all state Supreme Courts in the...

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A Municipal Court Administrator is Employed by the Township, Not the Administrative Office of the Courts

Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...

Supreme Court to Take Up Two Published Appellate Division Opinions

The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter....

South Seaside Park Can Detach Itself From Berkeley Township

Whiteman v. Township Council of Berkeley Township, ___ N.J. ___ (2025). South Seaside Park is a small (490 year-round residents) barrier island community that has been annexed to the Township of Berkeley ("the Township"). South Seaside Park sought to deannex itself from the Township and to be annexed instead to the Borough of Seaside Park. South Seaside Park followed a statutory petitioning procedure in doing so. The Township refused consent. South Seaside Park went to court and won a ruling from the Law Division that rejected the Township's refusal. The Appellate Division affirmed. Yesterday, in a unanimous opinion by Justice Patterson, the Supreme Court affirmed as well....

Megan's Law "Not Likely to Pose a Threat to the Safety of Others" Extends to Non-Sexual as Well as Sexual Re-Offenses

In re Registrant S.O., ___ N.J. Super. ___ (App. Div. 2025). This appeal presented a pure legal issue relating to the "public safety prongs" contained in the termination provisions of Megan's Law, N.J.S.A. 2C:7-2(f), and the Community Supervision for Life statute ("CSL"), N.J.S.A. 2C:43-6.4(c). Judge Vanek crystallized that "novel" issue as "whether, on a registrant's application to terminate Megan's Law and CSL obligations, the phrase ‘not likely to pose a threat to the safety of others' should be broadly interpreted with the trial court considering threats to safety from subsequent non-sexual and sexual offenses or whether the inquiry should be limited to the threat of sexual re-offense only." The panel held that the broader view was the correct one....