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

Governor Christie Withdraws Hanna Nomination to the Supreme Court

According to a report on nj.com today, Governor Christie is withdrawing his nomination of Robert Hanna to the Supreme Court. Hanna and Governor Christie's other Supreme Court nominee, Monmouth County...

Another Step Forward by the Ninth Circuit

The Ninth Circuit Court of Appeals announced today that, beginning next week, it will offer live audio streaming of all oral arguments. That announcement continues the Ninth Circuit's trend of...

Criminal Charges Against an Employee Who Steals Her Employer's Documents to Aid in Her Separate Employment Discrimination Suit

This post is by my colleague Jeffrey A. Shooman. He discusses an important criminal law decision that the Appellate Division issued today. State v. Saavedra, 433 N.J. Super. 501 (App. Div. 2013). At...

In re Wilson

On this date in 1981, the Supreme Court decided In re Wilson, 81 N.J. 451 (1979), one of the landmark attorney discipline cases. In a unanimous opinion by Chief Justice...

"Arbitrary, Capricious, or Unreasonable" Test Applies to Judicial Review of Administrative Agency Actions, Whether "Quasi-Judicial" or "Quasi-Legislative"

In re Proposed Quest Academy Charter School, 216 N.J. 370 (2013). In this unanimous opinion, fittingly written by Justice LaVecchia given her Office of Administrative Law background, the Supreme Court...

Transfer of Venue and Forum Non Conveniens

Atlantic Marine Const. Co. v. U.S. District Court, 571 U.S. ___ (2013). This case offers a lesson in differentiating when, in a contract case where the applicable agreement contains a...

A Streaming Innovation from the Ninth Circuit

As announced here, beginning next week, the Ninth Circuit Court of Appeals will stream live its en banc oral arguments. The Ninth Circuit conducts many more en banc arguments than...

Justice Fernandez-Vina is Unanimously Confirmed; He Will be Sworn in, and Will Sit With the Supreme Court, Tomorrow Morning

Earlier today, the full Senate voted 38-0 to confirm Judge Fernandez-Vina to take the Supreme Court seat that had been occupied by Justice Hoens. The Supreme Court then announced that...

The Fifth Circuit Addresses New Jersey's Economic Loss Doctrine

Lone Star Nat'l Bank, N.A. v. Heartland Payment Systems, Inc., 729 F.3d 421 (5th Cir. 2013). In September, the Fifth Circuit issued this short opinion that interprets and applies New...

A Primer About the Attorney-Client Privilege

Hedden v. Kean University, 434 N.J. Super. 1 (App. Div. 2013). This interlocutory appeal, which resulted in a 2-1 decision by the Appellate Division, involved issues of attorney-client privilege. In an...

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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....