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

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017). Beach access has long been an important and controversial issue...

OPRA Covers Electronically Stored Information, Including Fields in E-Mails

Paff v. Galloway Tp., 229 N.J. 340 (2017). In this OPRA case, as discussed here, plaintiff sought to obtain copies of fields in e-mails sent by the Galloway Township Clerk...

State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017). The Office of the State Comptroller ("OSC") was established by the Legislature in 2007, in order to subject governmental financial...

Making Up for Lost Time

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions...

An Anniversary in Supreme Court Certified Questions

In recent years, acceptance by the Supreme Court of questions certified to it by the Third Circuit Court of Appeals under Rule 2:12A has become somewhat more frequent, though still...

A Violation of a Regulation Can be "Knowing" Even if There is No Judicial Decision Saying So at the Time of the Conduct at Issue

Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

Mass Action Plaintiffs Must be Careful in Pleading, or Their Case Will be Removable to Federal Court Under CAFA

Ramirez v. Vintage Pharmaceuticals, LLC, 852 F.3d 324 (3d Cir. 2017). The so-called Class Action Fairness Act of 2005 ("CAFA") extended federal jurisdiction not only to class actions over which...

Sovereign Immunity Defeats Contribution Claims Against the State for Pre-Spill Act Discharges

NL Industries, Inc. v. State, 228 N.J. 280 (2017). In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("the Spill Act"). The...

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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....