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

RPC 3.7- Attorneys as Witnesses

Escobar v. Mazie, 460 N.J. Super. 520 (App. Div. 2019). This appeal arose out of an order disqualifying every attorney at the law firm of Mazie Slater Katz & Freeman,...

A Qualified Immunity Case and a Tort Claims Act/Legal Malpractice Case for the Supreme Court

Add two more cases to the Supreme Court's docket. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the...

Appellate Courts Can Decline to Review Arguments Made Below as to Other Issues, But Not as to the Issue Actually on Appeal

Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff'd o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will...

Software Relied on by Appraisal Experts in Tax Appeals Must be Shown to be Reliable

Palisadium Managemen Corp. v. Borough of Cliffside Park, 456 N.J. Super. 293 (App. Div. 2018). This opinion by Judge Accurso involved an appeal from decisions of the Tax Court that...

Volunteer Fireman is Not an "Employee" of His Volunteer Fire Company for Purposes of CEPA

Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 ("CEPA") protects "employees who report...

As the Summer Months Begin, the Supreme Court Takes Three More Cases

The Supreme Court announced on Friday that it would review three more cases. One of those is before the Court as of right, due to a dissent in the Appellate...

PERC Has Jurisdiction to Protect Employees' Right to "Assist" Their Unions

In re Probation Ass'n of New Jersey, 442 N.J. Super. 185 (App. Div. 2015). N.J.S.A. 34:13A-5.4(b)(1) prohibits interference with a right guaranteed by the Employer-Employee Relations Act, and the Act...

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important...

Towns Can't Impose Additional Requirements, Even Redundant Ones, on Gun Applications

In re Denial of Application of Z.K. for a New Jersey Firearms Purchaser Identification Card and Permit to Purchase, 440 N.J. Super. 394 (App. Div. 2015). Yesterday, while many of...

Full Faith and Credit, and Gun Permits

In re Denial of Application of Winston for a Firearms Purchaser Identification Card, 438 N.J. Super. 1 (App. Div. 2014). George Winston, Jr. applied to the Police Chief in Clifton, New...

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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....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....