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

The New Jersey Arbitration Act Does Not Require That Arbitration Proceedings Be Conducted in Person

State Farm Guaranty Ins. Co. v. Hereford Ins. Co., 454 N.J. Super. 1 (App. Div. 2018). Following an auto accident, the two insurance company parties to this appeal had a...

The Latest Grants of Supreme Court Review: Life Insurance (Another Certified Question), Unemployment Compensation, Parental Rights, and Parole Ineligibility

The Supreme Court announced four more cases that will come before it. The subject matters, and the paths that the cases took to reach the Court, are quite varied. Sun...

Some Tips on the Appellate Rules from Judge Messano

State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad...

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...

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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."...