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

No Right to Bring Damage Suit for Insurer's Refusal to Obey Compensation Judge's Order

Stancil v. ACE USA, 418 N.J. Super. 79 (App. Div. 2011). A series of articles in The Star-Ledger in April 2008 exposed a pervasive problem of insurance companies flouting the orders of...

The Standard of Review of Administrative Agency Decisions

Oceanside Charter School v. New Jersey Dep't of Education, 418 N.J. Super. 1 (App. Div. 2011). On the merits, this decision, written by Judge Carchman, stands for a simple proposition: a...

Sometimes an Agency is Wrong

n re Hearn, 417 N.J. Super. 289 (App. Div. 2010). In this published opinion by Judge Ashrafi, the Appellate Division recognized that it gives deference to an agency's view of its own...

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"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....

Police Internal Affairs Report That Contains Quotes From Records of Expunged Criminal Conviction Must be Produced in Redacted Form Under Common Law Right of Access

States Newsroom, Inc. v. City of Jersey City, ___N.J. ___ (2025). A Jersey City police lieutenant fired a shotgun at his girlfriend and her son. Charged with terroristic threats and a weapons charge, he pled guilty to a lesser offense. The police's Internal Affairs ("IA") Department investigated and issued a report that found misconduct and imposed a 90-day suspension. That report contained verbatim quotes from the records of the State Police, which had investigated the shooting, and the County Prosecutor's Office that brought the charge....