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

Failure to Recreate the District Court Record as Ordered Leads to a Loss on Appeal

Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016). Federal Rule of Appellate Procedure 10(c) deals with the circumstance in which a transcript of a District Court hearing or trial...

Law Against Discrimination Statute of Limitations Cannot be Shortened by Contract

Rodriguez v. Raymours Furniture Co., Inc., 225 N.J. 343 (2016). Plaintiff became employed by defendant, who is better known to the public as Raymour & Flanigan. The employment application that...

Public Employees Lose Again, as Supreme Court Upholds Suspension of Pension Cost of Living Adjustments

Berg v. Christie, 225 N.J. 245 (2016). Today's decision in this closely-watched case shows once again the importance of the standard of review applied. In a 6-1 decision by Justice...

Supreme Court Will Review Tort Claims Act and Open Public Records Act Cases

The Supreme Court announced that it has granted leave to appeal in two cases. The first, Verry v. Franklin Fire Dist. No. 1, involves the Open Public Records Act, N.J.S.A....

Temporary Help Service Firms vs. Employment Agencies, and Registration vs. Licensure

AIT Global Inc. v. Yadav, 445 N.J. Super. 513 (App. Div. 2016). Plaintiff in this case was a temporary help service firm ("THSF") that provided short-term information technology consultants for...

A "Chicken-and-Egg Problem" of Subject Matter Jurisdiction in an Estate Case

In re Estate of Byung-Tae Oh, 445 N.J. Super. 402 (App. Div. 2016). In 2001, the decedent in this estate matter, Byung-Tae Oh, at all times a citizen of South...

The Facts Require Reversal of a Summary Judgment of Qualified Immunity

Winberry Realty Partnership v. Borough of Rutherford, 2016 N.J. Super. Unpub. LEXIS 1019 (App. Div. May 4, 2016). [Disclosure: I represented the successful plaintiffs-appellants on this appeal]. Qualified immunity is...

Shareholder Quorum Requirement Cannot be Altered by Changing the Bylaws

Sterling Laurel Realty, LLC v. Laurel Gardens Co-Op, Inc., 444 N.J. Super. 470 (App. Div. 2016). A majority of the board of the defendant residential co-op development became frustrated that...

Supreme Court Will Review LAD, Fraudulent Conveyance, and Two Criminal Cases

In addition to the Supreme Court's grant of review in a case involving the termination of a contract of sale of residential real estate, discussed here, the Court announced in...

Allegedly No Goodness to be Thankful for at TGI Friday's for Drink Consumers, But Class Certification Gets Reversed

Dugan v. TGI Fridays, Inc., 445 N.J. Super. 59 (App. Div. 2016). This putative consumer class action has a long procedural history, including a previous appeal to the Appellate Division,...

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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....