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

The Supreme Court Reaffirms 66 East Allendale Rule for Determining Highest and Best Use in Condemnation Cases

Township of Manalapan v. Gentile, 242 N.J. 295 (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law...

Retail Installment Sales Act Applies to Health Club Memberships

Sanchez v. Fitness Factory Edgewater, LLC, 242 N.J. 252 (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Two of them involve published opinions of the Appellate Division. Delanoy v. Township of Ocean resulted in...

Judge Russo is Removed From Office Due to "Flagrant and Serious Acts of Misconduct"

Matter of Russo., 242 N.J. 179 (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney...

The Supreme Court Will Address Dying Declarations, Reimbursement in Workers Compensation for Medical Marijuana, and Expert Psychiatric Testimony in Involuntary Commitment Cases

The Supreme Court announced that it has granted certification in three more cases. In State v. Williamson, the question presented, as phrased by the Supreme Court Clerk's office, is "Was...

An Ethics Issue and Another Criminal Case for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, an ethics matter that could arise only in our current electronic age, comes to the...

When is an Ordinance a "Zoning Ordinance"?

Shipyard Associates, L.P. v. City of Hoboken, 242 N.J. 23 (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Hoboken and certain of its agencies and officials...

Stephen W. Townsend, Died April 22, 2020, at Age 75

I learned over the weekend that Stephen W. Townsend, the former Clerk of the Supreme Court had died. His obituary states that the date of his death was April 22...

45 Years Since Lind v. Schmid

On this day in 1975, the Supreme Court decided Lind v. Schmid, 67 N.J. 255 (1975). It has been cited well over one hundred times and is still a leading...

An Employment Law Anniversary: The "Lower Sights" Doctrine

Today is the 50th anniversary of Earth Day. It's also Administrative Professionals Day, an opportunity for attorneys to recognize how essential our non-attorney staff is to our legal practice. Today...

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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."...