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

The Passive Voice (and Persuasive Legislative History) Makes the Difference in Statutory Interpretation

Cologna v. Board of Trustees, Police & Firemen's Retirement Syst., 430 N.J. Super. 362 (App. Div. 2013). By statute, a former member of the Police and Firemen's Retirement System ("PFRS") normally has two...

An Important Administrative Law Appeal to the Supreme Court

Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups...

A Lesson About Stipulations of Dismissal and Motions for Voluntary Dismissal

Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013). This was a prerogative writ case involving rent control. Plaintiffs were tenants in a building owned by...

Arbitrator's Decision That the State Must, Against Its Will, Pay Part of Camden Firefighters' Salaries, is Reversed

In re City of Camden and International Ass'n of Firefighters, Local 788, 429 N.J. Super. 309 (App. Div. 2013). For over ten years, the City of Camden has been in such dire...

An Unusual Power of the Governor

In re Veto of Minutes of New Jersey Racing Comm'n, 429 N.J. Super. 277 (App. Div. 2012). This case, in which Judge Messano wrote the Appellate Division's opinion, involved an unusual statutory...

Draft Agency Report is Absolutely Protected From Disclosure Under Open Public Records Act; Government Records Council May Not Decide Common Law Right of Access Claims

Ciesla v. New Jersey Dep't of Health & Senior Services, 429 N.J. Super. 127 (App. Div. 2012). This was an appeal of a decision of the Government Records Council ("GRC"), the state...

Department of Education Cap on School Superintendent Salary is Valid

New Jersey Ass'n of School Administrators v. Cerf, 428 N.J. Super. 588 (App. Div. 2012). To help reduce property taxes by limiting school district spending, the Department of Education approved, by rule,...

Appeals From Agency Inaction, and When "Shall" Does Not Necessarily Mean "Must"

Natural Medical, Inc. v. New Jersey Dep't of Health & Human Services, 428 N.J. Super. 259 (App. Div. 2012). This decision, written by Judge Parrillo, involved plaintiff's interest in opening an...

Adverse Ruling by Civil Service Commission Precluded Employee From Bringing CEPA Lawsuit

Winters v. North Hudson Regional Fire & Rescue, 212 N.J. 67 (2012). When a public employee who is the subject of a disciplinary proceeding before the Civil Service Commission ("the...

Tea Party Challenge to District Map Fails

Gonzalez v. State of New Jersey Apportionment Comm'n, ___ N.J. Super. ___ (App. Div. 2012). The Tea Party has had little electoral success in New Jersey. Its efforts to achieve...

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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....