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

The Third Circuit Upholds Class Certification in a Long-Running Case

In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, 795 F.3d 380 (3d Cir. 2015). Every five years, the Third Circuit issues an opinion on class certification in...

Redd v. Bowman: The Supreme Court Says That the Faulkner Act Initiative Proponents Must Start All Over Again

Redd v. Bowman, 223 N.J. 87 (2015). In Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013), discussed here, the Appellate Division held that an initiative petition with a...

An Unusual Lineup in the Supreme Court

Ross v. Lowitz, 222 N.J. 494 (2015). This case involved damage resulting from the migration of home heating oil from an underground storage tank on one property onto a neighboring...

Length of Marriage is Not Alone Dispositive as to Alimony

Gnall v. Gnall, 222 N.J. 414 (2015). N.J.S.A. 2A:14-23(b) lists twelve factors, plus a "catch-all" thirteenth factor, that are to be considered in determining whether to award alimony. One of...

Debt Collector Has the Burden of Proving Its Right to Invoke an Exception to the FDCPA

Evankavitch v. Green Tree Servicing, LLC, 793 F.3d 355 (3d Cir. 2015). "[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the...

"Watchdog" Employees are Entitled to Full Protection Under CEPA

Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called "watchdog" employees (that is, employees whose job it is to bring forward issues relating...

Land Use Litigant Cannot "Make a Mockery of the Exhaustion Doctrine"

Casser v. Knowlton Tp., 441 N.J. Super. 353 (App. Div. 2015). Two consolidated cases, three Law Division judges who had pieces of these matters, and a lengthy and convoluted procedural...

Towns Can't Impose Additional Requirements, Even Redundant Ones, on Gun Applications

In re Denial of Application of Z.K. for a New Jersey Firearms Purchaser Identification Card and Permit to Purchase, 440 N.J. Super. 394 (App. Div. 2015). Yesterday, while many of...

For Want of a Transcript, An Appellate Issue is Forfeited

Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to "order … a...

A Turning Point for the Carrera v. Bayer Ascertainability Doctrine?

Byrd v. Aaron's Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were "objective records" that could "readily identify"...

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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....