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

Allegedly No Goodness to be Thankful for at TGI Friday's for Drink Consumers, But Class Certification Gets Reversed

Dugan v. TGI Fridays, Inc., 445 N.J. Super. 59 (App. Div. 2016). This putative consumer class action has a long procedural history, including a previous appeal to the Appellate Division,...

PERC Cannot Unilaterally Abandon the "Dynamic Status Quo Doctrine"

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016). The Public Employment Relations Commission ("PERC") is a state agency that is charged by the Legislature with implementing...

Changes in Alimony Upon the Retirement of the Spouse Who Must Pay It

Landers v. Landers, 444 N.J. Super. 315 (App. Div. 2016). This opinion by Judge Lihotz addresses when alimony can be changed due to the retirement of the spouse obligated to...

Insurer Under "Claims Made" Policy Issued to Sophisticated Insured Need Not Show Prejudice From Late Notice of Claim in Order to Disclaim Coverage

Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. 189 (2016). Insurance policies normally require insureds to provide timely notice of claims against them to their...

Berry Unfortunate for Plaintiff, But Slip and Fall Claim Fails

Troupe v. Burlington Coat Factory Warehouse Corp., 443 N.J. Super. 596 (App. Div. 2016). Today, Judge Suter authored her first published opinion for the Appellate Division. While shopping at a...

OPRA Demand for Information About Certain Out-of-State Travel by Governor Christie Was Properly Denied

Lagerkvist v. Office of the Governor, 443 N.J. Super. 230 (App. Div. 2015). Plaintiff, a journalist, made a request under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA")...

An Easy Statute of Limitations Case for the Supreme Court

In re Petition for Referendum to Repeal Ordinance 2354-12 of West Orange Tp., 223 N.J. 589 (2015). This appeal involved the timeliness of a challenge to a bond ordinance for...

A Labor Union's Discipline of One of Its Members

Sheet Metal Workers Local Union 22 v. Kavanagh, 443 N.J. Super. 39 (App. Div. 2015). This opinion by Judge Currier today addressed an appeal by defendant, a former member of...

Farmland is Not a "Brownfield," So Application to Construct Solar Facility on Farmland Failed

In re Implementation of L. 2012, c. 24, 443 N.J. Super. 73 (App. Div. 2015). The Solar Act of 2012 ("the Act"), chapter 24 of the Laws of 2012, amended...

How to Terminate a Contract for Sale of Residential Real Estate

Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015). As a result of a settlement in New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Bds., 93...

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The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...

What Weapons Offenses Are Subject to the Parole Ineligibility Requirement of the Graves Act?

State v. Cromedy, ___ N.J. ___ (2025). The Graves Act, N.J.S.A. 2C:43-6(c), prescribes a minimum term of incarceration for firearm-related offenses under certain subsections of N.J.S.A. 2C:39-5, as well as a mandatory period of parole ineligibility. In this case, the issue was whether a weapons offense conviction of violation of N.J.S.A. 2C:39-5(j) is covered by the Graves Act. The Law Division and the Appellate Division each held that it was. The Supreme Court reversed in a unanimous opinion by Justice Noriega....