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

Affidavit of Merit Statute Does Not Apply to Unlicensed Persons, and Some Other Lessons

Albrecht v. Correctional Medical Services, 422 N.J. Super. 265 (App. Div. 2011). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, makes the submission of an affidavit that a suit has merit...

Supply the Full Trial Transcript or You Will Lose Your Appeal

Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011). In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court...

Submitting a Certification in Support of a Motion to Dismiss a Complaint Converts The Motion to a Summary Judgment Motion

Raverta v. Lake Mohawk Golf Club, 2011 WL 3207945 (App. Div. July 29, 2011). Rule 4:6-2(e) allows a defendant to move to dismiss a complaint for failure to state a claim....

Amendment to Rule 1:13-9 (Amici Curiae on Appeal)

The Supreme Court has amended Rule 1:13-9, which deals with amici curiae. The amendment provides that where the Supreme Court or the Appellate Division has directed the parties to submit...

All Five Women Supreme Court Justices Speak

Imagine that someone assembled Bill Russell, Magic Johnson, Larry Bird, Michael Jordan, and Kobe Bryant to discuss how to win NBA championships. The parallel to such a gathering, for those interested...

"Sopranos" Reference Is Not a Hit With the Appellate Division

In re John's Main Auto Body, 2011 WL 51578 (App. Div. Jan. 6, 2011). An auto body business, John's, appealed a determination by the New Jersey Turnpike Authority that John's...

Never Attach Documents to a Brief!

Muracco v. Township of Washington, 2010 WL 5376867 (App. Div. Nov. 16, 2010). Courts have repeatedly made clear that documents cannot be attached to a brief, but must be appended...

Cite the Record!

Motley v. Division of State Police, 2010 WL 4621498 (App. Div. Nov. 15, 2010). In this appeal of the pre-trial dismissal of a CEPA case, the Appellate Division found itself...

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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....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....