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

Criminal Statute of Limitations and the Effect of DNA Testing: The Supreme Court Will Speak

The Supreme Court announced today that it has granted certification to review the Appellate Division's decision in State v. Thompson. The question presented, as phrased by the Supreme Court Clerk's...

A Dead Person Cannot Bring Suit

Repko v. Our Lady of Lourdes Medical Center, Inc., 464 N.J. Super. 570 (App. Div. 2020). Judge Accurso's brief opinion in this case today addressed a "question [that] appears to...

Uniform Fiduciaries Law Does Not Create an Affirmative Right of Action Against a Bank

Lembo v. Marchese, 242 N.J. 477 (2020). Employees of plaintiff, a dentist, forged endorsements on checks payable to plaintiff's dental practice and deposited those checks into their own accounts at...

For the Second Day in a Row, the Supreme Court Affirms the Appellate Division on an Opinion Below

New Jersey Land Title Ass'n v. Rone, 241 N.J. 113 (2020). As discussed here, yesterday the Supreme Court affirmed, on the opinion of the Appellate Division, that court's ruling on...

A Per Curiam Affirmance of an Appellate Division Statute of Limitations Decision

The Plastic Surgery Center, P.A. v. Malouf Chevrolet-Cadillac, Inc., 241 N.J. 112 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 564 (App. Div....

Third Circuit Roundup

Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions....

The Supreme Court Will Review Three Published Appellate Division Decisions, and One Unpublished One

The Supreme Court announced that it has granted review in four more cases. In three of those appeals, the Court granted petitions for certification. In the fourth case, the Court...

Legislative Silence About Statute of Limitations When Amending Statute Did Not Effect Reduction of Prior Limitations Period

The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., 457 N.J. Super. 565 (App. Div. 2019). This opinion today by Judge Fisher was so legal issue-intensive that he found that...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019). Judge Moynihan's opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the...

Applying the Statute of Limitations for Foreclosure Cases

Deutsche Bank Trust Company Americas v. Weiner, 456 N.J. Super. 546 (App. Div. 2018). Judge Fisher issued this short decision in this case today. The body of the opinion consumes...

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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....