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

A Wise Decision on Class Arbitration

Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012). Decisions in favor of class arbitration may seem to be few and far between these days. But in this case,...

A Welding Business is a "Home Occupation" Under a Broad Ordinance

Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012). Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in...

Shareholder Challenge to Merger Transaction is Defeated

Scheidt v. DRS Technologies, Inc.., 424 N.J. Super. 188 (App. Div. 2012). Plaintiff, a shareholder in defendant DRS Technologies, Inc. ("DRS"), sued the company, its Board of Directors and its General Counsel...

Professional Association Has Standing to Sue on Behalf of Its Members, and Court Would Overlook Procedural Deficiency, But Association Still Loses on the Merits

New Jersey Dental Ass'n v. Metropolitan Life Ins. Co., 424 N.J. Super. 160 (App. Div. 2012). Many cases have rightly held that, under New Jersey's liberal standing rules, organizations have standing to...

Discovery Rule Does Not Toll the Time to File a Notice of Claim Against a Public Entity

McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of...

New Jersey Sports & Exposition Authority Must Reveal Financial Terms of Contracts for Perfomances at IZOD Center

Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1...

"Legal Gymnastics" and "Undisclosed Legerdemain" Do Not Help the Defendant in a Consumer Fraud Case

Dugan v. TGI Friday's, 2011 WL 5041391 (App. Div. Oct. 25, 2011). Plaintiff bought a beer at the bar of a TGI Friday's restaurant and was charged $2.00. She then moved...

A "Tense" Decision

Santos-Reyes v. United States, 660 F.3d 196 (3d Cir. 2011). Under 8 U.S.C. §1229b(a), an alien who could otherwise be deported from the United States can have the deportation cancelled if the...

Insurer Need Not Pay for Alleged "Diminution in Value" of Automobile After Accident and Full Repair, Where Insurance Policy Expressly Excluded Such Coverage

Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been...

No Constitutional Right to Appeal Undocketed Grievance Against Attorney

O'Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad's opinion in this case begins as follows: "Rule 1:20-3(h) provides that in cases where a grievance that was...

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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."...

What Weapons Offenses Are Subject to the Parole Ineligibility Requirement of the Graves Act?

State v. Cromedy, ___ N.J. ___ (2025). The Graves Act, N.J.S.A. 2C:43-6(c), prescribes a minimum term of incarceration for firearm-related offenses under certain subsections of N.J.S.A. 2C:39-5, as well as a mandatory period of parole ineligibility. In this case, the issue was whether a weapons offense conviction of violation of N.J.S.A. 2C:39-5(j) is covered by the Graves Act. The Law Division and the Appellate Division each held that it was. The Supreme Court reversed in a unanimous opinion by Justice Noriega....