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

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...

Straight to the Supreme Court for the New Jersey Republican State Committee's Constitutional Challenge to the New Jersey COVID-19 Emergency Bond Act

On July 16, the New Jersey Republican State Committee and other plaintiffs filed suit against Governor Murphy in the Law Division, Mercer County. The lawsuit asserts that the New Jersey...

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...

Supreme Court's Message to Prosecutors: Opening Statement Promises of a Confession by Defendants Are at Your Own Risk

State v. Greene, 242 N.J. 530 (2020). Until today, the Supreme Court "has not had occasion to squarely address a prosecutor's opening statement that detailed evidence of a defendant's guilt...

The Supreme Court Reaffirms 66 East Allendale Rule for Determining Highest and Best Use in Condemnation Cases

Township of Manalapan v. Gentile, 242 N.J. 295 (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law...

When Do Intervenors Need to Demonstrate Article III Standing?

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm'n, 959 F.3d 569 (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged...

The Supreme Court Will Address Dying Declarations, Reimbursement in Workers Compensation for Medical Marijuana, and Expert Psychiatric Testimony in Involuntary Commitment Cases

The Supreme Court announced that it has granted certification in three more cases. In State v. Williamson, the question presented, as phrased by the Supreme Court Clerk's office, is "Was...

A Due Process Travesty in a Workers Compensation Case

McGory v. SLS Landscaping, 463 N.J. Super. 463 (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge...

Where Jail Inmates Had Been Told That Their Telephone Calls Would be Monitored and Recorded, They Had No Reasonable Expectation of Privacy in Those Calls

State v. Jackson, 241 N.J. 547 (2020). In a per curiam opinion, the Supreme Court today affirmed the ruling of the Appellate Division in this case (actually, two consolidated cases),...

Forfeiture of Entire Public Pension Due to Guilty Plea of Accepting $300 Bribe is Not an Unconstitutional "Excessive Fine"

State v. Anderson, 463 N.J. Super. 168 (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor's office, pled guilty to a federal criminal charge of interference with...

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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....