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

Two Accelerated Appeals, and Four More, for the Supreme Court

The Supreme Court announced that it has granted review in six cases. Three of those involve grants of leave to appeal and three are grants of certification. The Court accelerated...

Two Concise Opinions, by Judges Fisher and Currier

In the last two days, Judges Fisher and Currier, respectively, authored published opinions that consumed fewer than ten pages. Here they are: State v. M.K.P., ___ N.J. Super. ___ (App...

This Week's Published Opinions

Today is a court holiday for New Jersey state and federal courts. That affords an opportunity to catch up with this week's published opinions from the Supreme Court,, the Appellate...

The Municipal Vacancy Act, The Status of Real Estate Salespeople, And a Miranda Warnings Case Come Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave...

BPU Inaction for 20 Months Results in a Remand for the Agency to Act

In re Verified Petition of Retail Energy Supply Ass'n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public...

The State Must Indemnify as Well as Defend County Prosecutors Offices' Employees

State of New Jersey v. County of Ocean, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Mawla involved the question of whether the State was obligated to...

2019 Amendment to the Breathalyzer Refusal Statute Does Not Apply Retroactively

State v. Scudieri, ___ N.J. Super. ___ (App. Div. 2021). Whether statutory amendments apply retroactively or prospectively is a recurring issue in the courts. This opinion by Judge Natali addresses...

The Supreme Court Adds More Cases

The Supreme Court announced that it has granted review in four more cases. Three of those involve grants of certification, while the fourth is before the Court on leave to...

A Gym's Claim for Compensation for COVID-19 Closures Under the Governor's Executive Orders Fails

JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because...

Catching up With the Third Circuit

In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th...

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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....