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

A Brokerage Commission Case, Where the Broker's Third-Party Beneficiary, Unjust Enrichment, and Quantum Meruit Claims Failed

Pollack v. Quick Quality Restaurants, Inc., 452 N.J. Super. 174 (App. Div. 2017). The first paragraph of Judge Gibbons Whipple's opinion for the Appellate Division well encapsulated what this appeal...

"Summertime, Summertime, Sum-, Sum-, Summertime" in the Appellate Division

The Appellate Division schedule of Parts for the period June 19 through September 13 was published today and is available here. As usual, no judge is on duty for more...

Correctional Facility Did Not Improperly Discriminate Against Muslim Officer in Denying Her the Right to Wear Religious Headgear

Tisby v. Camden Cty. Correctional Facility, 448 N.J. Super. 241 (App. Div. 2017). Plaintiff, a corrections officer at the defendant correctional facility("CCCF") since 2002, became a Muslim in 2015. She...

Two Appellate Division Judges are Nominated for Tenure

Governor Christie has nominated eighteen judges for tenure after their initial seven-year terms. Two of those judges currently sit in the Appellate Division. They are judges Gibbons Whipple and Vernoia....

Temporary Help Service Firms vs. Employment Agencies, and Registration vs. Licensure

AIT Global Inc. v. Yadav, 445 N.J. Super. 513 (App. Div. 2016). Plaintiff in this case was a temporary help service firm ("THSF") that provided short-term information technology consultants for...

(Likely) Coming Soon to the Supreme Court: When Does the Involvement of DNA Evidence Toll the Criminal Statute of Limitations?

State v. Twiggs, 445 N.J. Super. 23 (App. Div. 2016). In this conspiracy to commit robbery case, the Law Division dismissed the indictment because the State began the prosecution beyond...

Judge Gibbons Whipple Continues on Part G of the Appellate Division

As reported here, Judge Gibbons Whipple was previously elevated to the Appellate Division, to serve on Part G, for a term extending from September 15, 2014 through November 23, 2014. Today,...

Judge Gibbons Whipple is Temporarily Elevated to the Appellate Division

Chief Justice Rabner announced last Friday that Judge Mary Gibbons Whipple is being temporarily elevated to the Appellate Division. She will serve on Part G from September 15 through November 23,...

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....