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

Immunity Statute Protects Rescue Squad Personnel, but Not the Rescue Squad as an Entity

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012). Plaintiffs' son was shot in the chest by his brother. The Plainfield Rescue Squad was called. But there was allegedly a prolonged delay in transporting...

Work Product Doctrine and Common Interest Privilege Exempt Documents From Disclosure Under OPRA or Common Law Right of Access

O'Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012). This is yet another Open Public Records Act ("OPRA") case. Plaintiff was a frequent antagonist of the defendant Borough, hostility...

An Organization is Not an "Individual"

Mohamad v. Palestinian Authority, 132 S.Ct. 1702 (2012). When Justice Alito spoke at the last Third Circuit Conference, he said that most of the Supreme Court's work does not deal with constitutional...

DePascale v. New Jersey (Judges' Pension Case) Argued

The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a "Obamacare," has drawn so much attention that it has overshadowed the nearly...

Even a Non-Citizen May Change Her Name

In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey's name change statute, N.J.S.A. 2A:52-1 to -4, to change his...

Citizens of Walsh Act Municipalities Have the Same Right to a Referendum on Authorizing Indebtedness as Citizens of Other Types of Municipalities Do

In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012). The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum...

Justice Patterson's First Opinion, and the "Rule of Lenity"

State v. Regis, 208 N.J. 439 (2011). It did not take long for Justice Patterson to write her first opinion for the Supreme Court. As is usually the case with the first...

Defective Notice of Intention to Foreclose Requires Dismissal Without Prejudice

Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011). N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act ("FFA"), requires a lender who plans to foreclose on a mortgage...

Two Lessons in Reading Title 39

Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011). Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5. Both cases...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep't of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) ("the extension statute") extends the normal statute of limitations for environmental...

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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....