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

Employer's Anti-Harassment Policies and Prompt Action to Implement Them Save the Day in an LAD Case

Dunkley v. S. Coraluzzo Petroleum Transporters, 437 N.J. Super. 366 (App. Div. 2014). Plaintiff, an African-American oil delivery driver, experienced some uncomfortable interaction with his on-road trainer, Harrington. Harrington made remarks...

Potential Future Tax Assessments Are Not a Cloud on Title to Real Estate

Princeton South Investors, LLC v. First American Title Ins. Co., 437 N.J. Super. 283 (App. Div. 2014). This opinion by Judge Reisner addressed two issues: "in the context of a...

Placing Debtor's Account Number on Envelope of Collection Letter is Not Permitted by the FDCPA

Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014). The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8) ("FDCPA"), forbids debt collectors from putting on the envelopes of debt...

No Presumption of Irreparable Harm in Lanham Act Injunction Cases

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals,, Inc., 765 F.3d 205 (3d Cir. 2014). Plaintiff Ferring and defendant Watson (now known as Actavis, Inc.) are competing pharmaceutical companies. Each company markets...

Supreme Court Guideline Barring Lawyers From Posting Accurate Quotes From Judges on Law Firm Websites is Invalid

Dwyer v. Cappell, 762 F.3d 275 (3d Cir. 2014). Andrew Dwyer is a lawyer who handles plaintiffs' employment law litigation. Evidently, some judges have said favorable things about him in...

"Escher-Like" Statutory Interpretation

State v. Carreon, 437 N.J. Super. 81 (App. Div. 2014). Courts often say that statutes are "inartfully drafted," or the like. This opinion that Judge Accurso issued today, however, goes further....

The Mailbox Rule

Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014). Even in these days of electronic filing, Twitter, Facebook, and other electronic means of communicating, some communications still go...

The Availability of Class Arbitration is for a Court, Not an Arbitrator, to Decide

Opalinski v. Robert Half Int'l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. ("FLSA"), plaintiffs signed employment agreements...

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....

The "Continuing Tort" Doctrine

Wreden v. Township of Lafayette, 436 N.J. Super. 117 (App. Div. 2014). As Judge Haas described it in this opinion, the "continuing tort doctrine, also known as the ‘continuing violation...

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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....