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

Attorney Failure to Take Any Action Regarding Affidavit of Merit is Not "Extraordinary Circumstance" That Defeats Dismissal With Prejudice

Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today's snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was...

Absolute vs. Qualified Immunity Under the Tort Claims Act

Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today's opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act,...

The Final Post of 2017: The Mistaken Imprisonment Act

Watson v. New Jersey Department of Treasury, ___ N.J. Super. ___ (App. Div. 2017). The Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, ("the Act") allows claims for damages by persons...

Advance Disclaimer by Employee of Right to Sue Third Party for Injuries Covered by Workers' Compensation Statutes Violates Public Policy

Vitale v. Schering-Plough Corp., 231 N.J. 234 (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against...

No Temporary Disability Payments for Unemployed Volunteer Firefighter

Kocanowski v. Bridgewater Tp., 452 N.J. Super. 476 (App. Div. 2017). Plaintiff was a volunteer firefighter in Bridgewater. She slipped on ice while responding to a fire and was injured...

Two "Affirmed on the Opinion Below" Rulings From the Supreme Court

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather...

The Supreme Court Will Decide an Administrative Law Standard of Review Issue and a Ruling Involving PIP Benefits

The Supreme Court announced that it has granted review in two new cases. The first is In re William R. Hendrickson, Jr. The question presented there, as phrased by the...

The Smoke-Free Act Does Not Preempt A Municipal Ordinance Limiting Smoking in Retail Tobacco Establishments

Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (App. Div. 2017). Plaintiffs operated the Cigar Emporium in West Caldwell. In that business, they sell tobacco products, but...

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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....