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

No Constitutional Right to Have "Ability to Pay" Experts Appointed at Public Expense

Schochet v. Schochet, 435 N.J. Super. 542 (App. Div. 2014). In Pasqua v. Council, 186 N.J. 127 (2006), the Supreme Court ruled that "the appointment of counsel to assist parents...

"Poor Planning" by Impoverished Parent Does Not Constitute Abuse or Neglect of Children

New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014). Impoverishment does not equal child neglect. That is the conclusion of this opinion...

"Robotic" Treatment of Grandparent Visitation Cases in Family Part is Improper

R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014). At least since Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989), it has been clear that motions to...

Mother Who Left Infant in Running Automobile While She Bought Party Supplies is Guilty of Child Abuse or Neglect

Department of Children & Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). Appellant "Eleanor" admitted that she had parked her car about 150 feet from a Dollar Tree...

Judges Rothstadt and O'Connor Are Elevated to the Appellate Division

Chief Justice Rabner announced today that Judges Garry S. Rothstadt and Amy O'Connor will be elevated to the Appellate Division effective December 16, 2013. Judge Rothstadt is a graduate of...

Child Support for Multiple Families

Harte v. Hand, 433 N.J. Super. 457 (App. Div. 2013). Today's opinion, by Judge Koblitz, in these consolidated cases addresses the circumstance in which a father has child support obligations...

"Building the Trial Record and Arguing it on Appeal"

This seminar, sponsored by the Morris County Bar Association, took place last night. The headliners of the panel of presenters were Justice Patterson and Judges Axelrad, Sabatino, and Stern. [Disclosure:...

Judges Rothstadt and O'Connor are Temporarily Assigned to the Appellate Division

It was announced today the Chief Justice Rabner has temporarily elevated Judges Garry S. Rothstadt and Amy O'Connor to the Appellate Division. The two judges will serve there from September...

Extent of Foster Child's Bonding With Foster Family May be Relevant to Relatives' Application for Custody

New Jersey Division of Child Protection & Permanency v. C.S., 432 N.J. Super. 224 (App. Div. 2013). As Judge Fisher noted in today's opinion, in the context of children who...

A Smorgasbord, Courtesy of Judge Fisher: Subject Matter Jurisdiction, Personal Jurisdiction, Forum Non Conveniens, and Service of Process

Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013). It is not often that a family law opinion touches on so many fundamental procedural issues. This opinion by Judge Fisher addresses...

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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....