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

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...

Tenant May be Evicted for Damage Caused Solely by Subtenant

Rampersaud v. Hollingsworth, 456 N.J. Super. 502 (App. Div. 2018). The opening paragraph of this opinion by Judge Fisher well summarized the issue on this appeal, and the result. "In...

Big Pharma Wins in Another Supreme Court Accutane Decision

In re Accutane Litigation, 235 N.J. 229 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone,...

"Wants" vs. "Needs" and the Fair Housing Amendments Act

Vorchheimer v. The Philadelphian Owners Association, 903 F.3d 100 (3d Cir. 2018). Today's opinion by Judge Bibas focuses on what is "necessary" for purposes of the Fair Housing Amendments Act,...

SLUSA Does Not Bar Investors' Claims That Broker Overcharged Them to Execute Securities Transactions

Taksir v. The Vanguard Group, 903 F.3d 95 (3d Cir. 2018). As relevant to this appeal, the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. §78bb ("SLUSA"), states that...

Back in Action!

Due to travel over most of the past two weeks (and getting "back in the game" once having returned), there have been no posts here. But the courts have been...

The Limitations Period for PIP Benefits Appeals From Decisions of Dispute Resolution Professionals

Personal Service Ins. Co. v. Relievus, 455 N.J. Super. 508 (App. Div. 2018). This opinion, issued by Judge Sumners today for a unanimous panel, concerned "whether a Law Division summary...

The Federal Tort Claims Act Statute of Limitations

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) ("FTCA"), a tort claim against the United States is "forever barred...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

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The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...

The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"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."...