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

Two Appellate Division Wins for LDG

My firm, Lite DePalma Greenberg, LLC, was successful in two Appellate Division cases within the last few days. Last week, in Villaquiran v. All-State International, Inc., 2014 N.J. Super. Unpub....

Clearing the Way for Pro Bono Assistance to Chapter 7 Bankruptcy Filers

In re Opinion No. 17-2012 of the Advisory Committee on Professional Ethics, 220 N.J. 468 (2014). Chapter 7 bankruptcy is the most common resource of indigent individuals who must file...

A Regulation Cannot Trump Its Enabling Statute

Flinn v. Amboy Nat'l Bank, 436 N.J. Super. 274 (App. Div. 2014). This opinion by Judge Sabatino contains, among other things, an encyclopedic discussion of cases that address the standards...

Unemployment Benefits for Employee Fired Due to Refusal, for Secular Reasons, to be Vaccinated Against the Flu

Valent v. Board of Review, 436 N.J. Super. 41 (App. Div. 2014). June Valent is a registered nurse who worked at Hackettstown Community Hospital. In order to minimize the incidence of...

In Response to OPRA Request, Agency May Not Redact Public Records for "Relevance"

American Civil Liberties Union of New Jersey v. New Jersey Div. of Criminal Justice, 435 N.J. Super. 533 (App. Div. 2014). Plaintiff ACLU filed an Open Public Records Act ("OPRA")...

Commissioner of Education Validly Approved Charter Schools That Include Online Instruction

In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). Charter schools are the subject of much controversy....

"Poor Planning" by Impoverished Parent Does Not Constitute Abuse or Neglect of Children

New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014). Impoverishment does not equal child neglect. That is the conclusion of this opinion...

Justice Fernandez-Vina's Maiden Opinion

Hersh v. County of Morris, 217 N.J. 236 (2014). It is traditional for a new Justice's first opinion to be a unanimous, relatively uncontroversial one. Yesterday, Justice Fernandez-Vina issued his...

Not All Misstatements About Medical History Disqualify an Applicant for Worker's Compensation Benefits

Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014). The Workers Compensation Act, N.J.S.A. 34:15-1 to -142 ("the Act"), contains an "anti-fraud" provision in N.J.S.A. 34:15-57.4. Under that...

The Supreme Court Grants COAH's Motion for an Extension of Time to Promulgate Third Round Rules

Today witnessed the latest event in the ongoing saga regarding third round rules for low and moderate-income housing to be adopted by the Council on Affordable Housing ("COAH"). As discussed...

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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....