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

Is Mandatory Judicial Retirement at 70 Unconstitutional?

Article VI, section 6, paragraph 3 of the New Jersey Constitution provides that Justices of the Supreme Court and judges of the Superior Court "shall be retired upon attaining the...

New Jersey Law Firms May Now Use Some Trade Names

In re Letter Decision of the Committee on Attorney Advertising, Docket No. 47-2007, 213 N.J. 171 (2013). New Jersey Rule of Professional Conduct 7.5 requires that a law firm's name "include the...

A Smorgasbord, Courtesy of Judge Fisher: Subject Matter Jurisdiction, Personal Jurisdiction, Forum Non Conveniens, and Service of Process

Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013). It is not often that a family law opinion touches on so many fundamental procedural issues. This opinion by Judge Fisher addresses...

Mootness

Chafin v. Chafin, 133 S.Ct. 1017 (2013). Mr. Chafin, a United States citizen serving in the military, and Ms. Chafin, a citizen of the United Kingdom, had a daughter, E.C. When...

Mount Laurel's Ban on Billboards is Not Unconstitutional

Interstate Outdoor Advertising, L.P. v. Mt. Laurel Tp. Bd. of Adj., 706 F.3d 527 (3d Cir. 2013). The Township of Mount Laurel, best known for its role in a series of affordable...

Gun Group's Pre-emption and Due Process Challenges to "One Gun Law" are Shot Down

Association New Jersey Rifle & Pistol Clubs v. Governor of the State of New Jersey, 707 F.3d 238 (3d Cir. 2013). In this opinion by Judge Sloviter, the Third Circuit deservedly gave...

Roe v. Wade

Today is the fortieth anniversary of Roe v. Wade, 410 U.S. 113 (1973). That decision, written by Justice Blackmun, an appointee of President Nixon, and joined in by Justices as...

An Appellate Pro Bono Win

Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division's...

Pro Se Litigants Have No Right to a Pro Se Manual, or to Other Assistance From the Courts

Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant's fueling station. The boat's tank overflowed with gasoline,...

Retroactivity … and the Effect of Statutory Numbering

Chiarello v. PERS Bd. of Trustees, 429 N.J. Super. 194 (App. Div. 2012). This opinion by Judge Fisher addressed the question of whether the application of plaintiff for a disability retirement from...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 333435 36 37 38 39 40…Last

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....