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

Newark Validly Constituted a Civilian Complaint Review Board, But the Supreme Court Cuts Back That Board's Powers

Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark, 244 N.J. 75 (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Newark in various...

"Good Cause" is Required to Amend a Complaint After a Scheduling Order Deadline for Amendment Has Passed

Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when...

Powering Up Again

The power outage resulting from last week's storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and...

Entire Controversy Doctrine Does Not Bar Second Case Brought by Party Who, as a Defendant, Defeated a Prior Case for Failure to State a Claim

Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the...

Qualified Immunity Denied Based on Dispute About Material Facts

Baskin v. Martinez, 243 N.J. 112 (2020). This Civil Rights Act case involved what Justice Albin, writing for the four-Justice majority, labeled a claim that "a justifiable police chase ended...

Several Statutes and Common Law Permit an Assignee of a Mortgage Note That Was Lost by the Assignor to Enforce the Note

Investors Bank v. Torres, 243 N.J. 25 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 53 (App. Div. 2018), affirmed a summary judgment...

Rooming House Operators Have No Statutory or Common Law Duty to Conduct Background Checks on Prospective Occupants in Order to Protect Other Occupants

Estate of Campagna v. Pleasant Point Properties, LLC, 464 N.J. Super. 153 (App. Div. 2020). This opinion is a magnum opus by Judge Sabatino. But he well summarized the ruling...

An Assortment of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. The...

The Tort of Intrusion Upon Seclusion

Friedman v. Martinez, 242 N.J. 450 (2020). The Torts class in the first year of law school deals with, among other things, the tort of intrusion upon seclusion. It is...

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

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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....