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

A "Pennysaver" Anniversary

On this date in 1984, the Supreme Court decided two cases, Fairlawn Shopper, Inc. v. Director, Div. of Taxation, 98 N.J. 64 (1984), and Today Newspapers, Inc. v. Director, Div....

Two New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in two cases, which are numbers A-2 and A-3 in the current Term. Both appeals are from published opinions by three-judge...

Busy Days at the Third Circuit, Part 2

Yesterday's post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from...

Lepis Standard Requiring Changed Circumstances Before Financial Discovery of Ex-Spouse Can be Obtained Survives 2014 Alimony Statute Amendment

Landau v. Landau, 461 N.J. Super. 107 (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial...

Appellate Division Roundup

The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks....

Charitable Immunity Requires That a Non-Religious, Non-Educational Immunity Claimant Receive Some Substantial Percentage of Its Revenue From Charitable Contributions

F.K. v. Integrity House, Inc., 460 N.J. Super. 105 (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant...

Statutory Plain Language Wins the Day for a Survivor Benefit Claimant

S.L.W. v. New Jersey Div. of Pensions & Benefits, 238 N.J. 385 (2019). The statute governing the police and firemen's retirement system ("PFRS") makes children and widowed spouses of police...

The Supreme Court Takes Up Two Published Appellate Division Cases and a Key Hoboken Land Use Ruling

The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division. The first of those is...

Faxes That Are Not "Advertisements" Do Not Violate The Telephone Consumer Protection Act Even if Sent for a Commercial Purpose or Motivated by Profit

Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a...

An Unusual U.S. Supreme Court Lineup Rules Against Class Action Third-Party Counterclaim Defendants on a Removal Issue

Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743 (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) ("CAFA") made it...

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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....