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

How to Terminate a Contract for Sale of Residential Real Estate

Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015). As a result of a settlement in New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Bds., 93...

Qualified Immunity for Funeral Directors

Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015). Apart from funeral directors, their attorneys, and a small number of judges, it's likely that few people...

An Easy Statutory Interpretation Ruling, With Bonus Analysis of Declaratory Judgment and Joinder Issues

Williams v. Borough of Clayton, 442 N.J. Super. 583 (App. Div. 2015). N.J.S.A. 40A:14-129 and -130 mandate that an officer seeking promotions to "superior position[s]"in police departments in smaller municipalities...

Not a Lease, Not a License, but a Profit a Prendre

Van Horn v. Harmony Sand & Gravel, 442 N.J. Super. 333 (App. Div. 2015). When is a document titled "Lease Agreement" not a lease? When it is in fact, regardless...

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...

Pennsylvania Rule Waiving Bar Exam Requirement for Admission Only for Attorneys Licensed in Jurisdictions That Offer Reciprocity to Pennsylvania Attorneys is Constitutional

National Ass'n for the Advancement of Multijurisdiction Practice (NAAMP) v. Castille, 799 F.3d 216 (3d Cir. 2015). For many years, New Jersey has not offered "reciprocity" to allow attorneys licensed...

Homeowners Association Can be Liable for Injuries on Sidewalks Owned and Controlled by Such Associations

Qian v. Toll Brothers, Inc., 223 N.J. 124 (2015). In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), discussed here, the Supreme Court ruled that a condominium association was...

Physician Who Was Retired at the Time of "the Occurrence That is the Basis for the Action" is Not "Statutorily Authorized to Testify" as an Expert in a Medical Malpractice Case

Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015). The New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42 ("PFA"), "established enhanced qualification...

An Unusual Lineup in the Supreme Court

Ross v. Lowitz, 222 N.J. 494 (2015). This case involved damage resulting from the migration of home heating oil from an underground storage tank on one property onto a neighboring...

"Watchdog" Employees are Entitled to Full Protection Under CEPA

Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called "watchdog" employees (that is, employees whose job it is to bring forward issues relating...

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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....