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

As the New Term Begins, Reminders From the Appellate Division About Oral Argument

The Appellate Division has issued this Notice to the Bar It contains important reminders about several matters relating to oral argument in that court. First, the Notice states that appeals...

The Third Circuit Moves Its Filing Deadline From Midnight to 5 PM

As discussed here, the Third Circuit proposed earlier this year to amend its Local Appellate Rules to provide that papers received by the Clerk's office after 5 PM Eastern time...

A Wise Proposed Amendment to the Third Circuit's Local Appellate Rules

As stated here, the Third Circuit has proposed a new Local Appellate Rule 26.1 and a concomitant change to LAR 113.3. LAR 26.1 would provide: Documents received by the Clerk...

Adverse Employment Action Not Required for Law Against Discrimination Claim

Richter v. Oakland Bd. of Educ., ___ N.J. ___ (2021). Justice LaVecchia wrote the opinion in this important Law Against Discrimination ("LAD") case for a unanimous Court. There were two...

The Supreme Court Will Decide the Constitutional Validity of an Indictment Returned by a Virtual Grand Jury

The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant's motion to dismiss...

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19...

Two Grants of Certification and a Solicitation for Amicus Briefs by the Supreme Court

All New Jersey state and federal courts are closed today for Columbus Day. But late last Friday, the Supreme Court announced that it had granted review in two more criminal...

Appellate Division Procedures to Expedite Appeals From Denial of Medical Furlough Applications by Inmates

As discussed here, the Supreme Court recently added due process protections to Governor Murphy's Executive Order No. 124, which created a mechanism to identify persons held in state prisons or...

Back in Action

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and...

Third Circuit Will Continue to Hear Oral Arguments Despite Coronavirus

The Third Circuit announced today that it "is open for business and will fulfill its constitutional and statutory obligations and responsibilities." Oral arguments will continue as scheduled, but merits panels...

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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....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....