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

The Effect on the Appellate Division of a Split in Federal Decisions on a Constitutional Issue

State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts...

What is a "School"?

State v. Shelley, 205 N.J. 320 (2011). Statutory interpretation questions pop up endlessly. In this case, defendant was accused of selling cocaine within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, which criminalizes drug...

"The" vs. "A"

New Jersey Manufacturers Insurance Group/Garrison Lange v. Holger Trucking Corp., 417 N.J. Super. 393 (App. Div. 2011). "N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must...

Punctilious About Punctuation

Commerce Bancorp., Inc. v. Interarch, Inc., 417 N.J. Super. 329 (App. Div. 2010). The question in this case revolved around Commerce Bank's indemnification of Interarch and its principal, Shirley Hill, the wife...

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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....