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

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...

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...

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The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...

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."...