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

Collateral Source Statute Does Not Apply to Awards Under the New Jersey Law Against Discrimination

Acevedo v. Flightsafety International, Inc., 449 N.J. Super. 185 (App. Div. 2017). In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division...

Tenant Who Receives a Rent Subsidy Under New Jersey's "S-RAP" Program Can't be Evicted for Non-Payment of Additional Rent

175 Executive House, LLC v. Miles, 449 N.J. Super. 197 (App. Div. 2017). A tenant who receives a rent subsidy under the federal "Section 8" voucher program, 42 U.S.C. §1437 to...

The Requirement to Submit All Items From Below on Summary Judgment Appeals Applies Whether Summary Judgment Was Granted or Denied

Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017). On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed...

Equity Affirms an Inventive Solution to an Environmental Dilemma

Matejek v. Watson, 449 N.J. Super. 179 (App. Div. 2017). Sometimes, judicial opinions do not require the citation of many cases in order to reach their result. That can be...

The "Time of Application Rule" and the Definition of an "Application for Development" That Triggers That Rule

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law ("MLUL"), in N.J.S.A. 40:55D-10.5, contains a "time of application...

Two Issues Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017). As a public body, Kean University's Board of Trustees is subject to the Open Public Meetings Act,...

OPRA Requests Can be Requested Under OPRA

Scheeler v. Office of the Governor, 448 N.J. Super. 333 (App. Div. 2017). In these consolidated appeals, plaintiffs each sent requests under the Open Public Records Act, N.J.S.A. 47:1A-1 to...

A Clearly Articulated Statutory Immunity Applies, Even if it Seems Unfair

Kirkpatrick v. Hidden View Farm, 448 N.J. Super. 165 (App. Div. 2017). A boy who tagged along with his mother to a horse farm but did not himself take part...

Tax Credits for a Disabled Child vs. Tax Deductions for Such a Child

Polsky v. United States, 844 F.3d 170 (3d Cir. 2016). Plaintiffs are the parents of a permanently disabled daughter. They claimed a child tax credit on two years' federal tax...

Volunteer Emergency Medical Technician is Not a "Public Servant" for Purposes of the Official Misconduct Statute

State v. Morrison, 227 N.J. 295 (2016). In today's unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician ("EMT") is a "public servant" who can...

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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....