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

The State Knowingly Files a "Quixotic" Appeal

State v. Witt, 435 N.J. Super. 608 (App. Div. 2014). Only the Supreme Court of New Jersey can overrule one of its own decisions. But a party who wishes to...

Supreme Court Will Review Kaye v. Rosefielde

On Friday afternoon, the Supreme Court announced that it had granted review in Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). The opinion of the Appellate Division is discussed here....

A Third Party's Consent to a Warrantless Search is Not Constitutionally Valid Where Police Could Have Gotten Consent Directly From Defendant

This is another guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC: State v. Coles, 217 N.J. 467 (2014). Sergeant Zsakhiem James of the Camden Police...

Governor Christie Will Renominate Chief Justice Rabner and Will Nominate Judge Solomon to the Supreme Court as Well

At a press conference that just concluded, Governor Christie announced that he will renominate Chief Justice Rabner to the Supreme Court. The Chief Justice's initial term expires next month. Senate...

Jury Charges on Causation in Medical Malpractice Cases

Komlodi v. Picciano, 217 N.J. 387 (2014). Causation is often a key factor in medical malpractice cases. And jury charges in such cases are, as in all cases, important to...

The Third Circuit Interprets New Jersey's Affidavit of Merit Statute

Nuveen Municipal Trust v. WithumSmith Brown P.C., 752 F.3d 600 (3d Cir. 2014). As discussed here, the Supreme Court of New Jersey has occasionally accepted requests from the the Third Circuit...

Jury Duty for All

In an article available here, today's Star-Ledger reports that Chief Justice Rabner appeared for jury duty yesterday in Essex County Superior Court. AFter watching an orientation video for jurors that featured...

Recall of Post-Age 70 Retired Superior Court Judges is Constitutional

State v. Buckner, 437 N.J. Super. 8 (App. Div. 2014). The issue of whether mandatory retirement of judges at age 70 is constitutional was discussed here. (As an aside, the Supreme Court ....

Justice Alito at the Third Circuit Judicial Conference

The after-dinner speaker at tonight's opening session of the Third Circuit Judicial Conference in Hershey, PA was Justice Alito, reprising his 2011 appearance. After being introduced by Chief Judge McKee...

Attorneys' Fees in Patent Cases

Octane Fitness, LLC v. Icon Health & Fitness, Inc., ___ U.S. ___ (2014), and Highmark Inc. v. Allcare Health Mgmt. System, Inc., ___ U.S. ___ (2014). New Jersey is a...

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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....