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

Co-Op Owner Has Free Speech Right to Leaflet as Part of Campaign for Co-Op Board Seat

Dublirer v. 2000 Linwood Avenue Owners, Inc., 220 N.J. 71 (2014). In State v. Schmid, 84 N.J. 585 (1980), and New Jersey Coalition Against War in the Middle East v....

Immunity for Actions of Hospital Internal Review Committees

Hurwitz v. AHS Hospital Corp., 438 N.J. Super. 269 (App. Div. 2014). The Healthcare Quality Improvement Act of 1986 ("HCQIA"), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising...

No Sufficient Findings Below, So No Appellate Ruling on Constitutional Challenge to Advance Voter Registration Statute

Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 438 N.J. Super. 93 (App. Div. 2014). Plaintiffs challenged the constitutionality of N.J.S.A. 19:31-6.3b, which, as Judge Haas described it...

Collateral Estoppel, Law of the Case, and Some Evidence Issues

L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order ("FRO") against defendant in the Family Part because defendant had...

A "Tail" Insurance Tale

Mortgage Grader, Inc. v. Ward & Olivo, LLP, 438 N.J. Super. 202 (App. Div. 2014). In the legal malpractice context, a "tail" insurance policy is one that "provides insurance coverage for malpractice...

Public Utilities Are Not Exempt From Municipal Regulation

New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas ("NJNG") proposed to remove underground gas regulators located in...

What if They Passed a Statute and Neither Side Complied With It?

Manhattan Trailer Park Homeowners Ass'n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21,...

The Third Circuit Rejects Arbitration by Estoppel

Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014). Efforts to force arbitration on parties who did not agree to it continue. In this case, however, the Third...

Employer's Anti-Harassment Policies and Prompt Action to Implement Them Save the Day in an LAD Case

Dunkley v. S. Coraluzzo Petroleum Transporters, 437 N.J. Super. 366 (App. Div. 2014). Plaintiff, an African-American oil delivery driver, experienced some uncomfortable interaction with his on-road trainer, Harrington. Harrington made remarks...

Potential Future Tax Assessments Are Not a Cloud on Title to Real Estate

Princeton South Investors, LLC v. First American Title Ins. Co., 437 N.J. Super. 283 (App. Div. 2014). This opinion by Judge Reisner addressed two issues: "in the context of a...

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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....