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

What is a "Building"?

Cashin v. Bello, 223 N.J. 328 (2015). The cardinal principle of statutory interpretation is that plain language controls and ends the need for any further inquiry. In this opinion by...

Health Care Providers and ERISA Standing Based on Patient Assignments of Payment

North Jersey Brain & Spine Center v. Aetna, Inc., 801 F.3d 369 (3d Cir. 2015). Judge Chagares's concise opinion in this case today crystallized the issue near the outset. "The...

PERC Has Jurisdiction to Protect Employees' Right to "Assist" Their Unions

In re Probation Ass'n of New Jersey, 442 N.J. Super. 185 (App. Div. 2015). N.J.S.A. 34:13A-5.4(b)(1) prohibits interference with a right guaranteed by the Employer-Employee Relations Act, and the Act...

Another New Jersey Sports Gambling Law Bites the Dust

National Collegiate Athletic Ass'n v. Governor of the State of New Jersey, 799 F.3d 259 (3d Cir. 2015). In 2012, in an effort to aid Atlantic City, New Jersey passed...

What is an "Agenda"? Perhaps the Supreme Court Should Tell Us

Opderbeck v. Midland Park Bd. of Educ., 442 N.J. Super. 40 (App. Div. 2015). The Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 ("OPMA"), adopted in 1975, requires advance notice...

The Supreme Court Sends a Difficult Child Abuse Case Back to the Office of Administrative Law

Department of Children & Families v. E.D.-O., 223 N.J. 166 (2015). Child abuse and neglect cases are often heartbreaking. Branding a parent as abusive and neglectful is a hard step...

Physician Who Was Retired at the Time of "the Occurrence That is the Basis for the Action" is Not "Statutorily Authorized to Testify" as an Expert in a Medical Malpractice Case

Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015). The New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42 ("PFA"), "established enhanced qualification...

Redd v. Bowman: The Supreme Court Says That the Faulkner Act Initiative Proponents Must Start All Over Again

Redd v. Bowman, 223 N.J. 87 (2015). In Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013), discussed here, the Appellate Division held that an initiative petition with a...

Length of Marriage is Not Alone Dispositive as to Alimony

Gnall v. Gnall, 222 N.J. 414 (2015). N.J.S.A. 2A:14-23(b) lists twelve factors, plus a "catch-all" thirteenth factor, that are to be considered in determining whether to award alimony. One of...

Ordinances Increasing Municipal Appropriations by Not More Than 3.5% Cannot be the Subject of a Faulkner Act Referendum

Roseff v. Byram Tp., 432 N.J. Super. 8 (App. Div. 2013). The referendum provision of the Faulkner Act, N.J.S.A. 40:69A-185, which permits citizens to petition for a referendum to seek to overturn a...

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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....