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

Restraints Imposed in a Title 30 Action for Care and Supervision of Children Must End if the Case is Dismissed

New Jersey Division of Child Protection & Permanency v. J.C., 257 N.J. 451 (2024). Justice Solomon's unanimous opinion for the Supreme Court today posed the question before the Court this...

This Week in the Supreme Court

It's the time of year when the Supreme Court gets into a higher gear when it comes to issuing opinions. The Court released three decisions this week, all of them...

Operator of Low-Speed Electric Scooter is Not a "Pedestrian" Entitled to Personal Injury Protection Under the No-Fault Act

Goyco v. Progressive Ins. Co., 257 N.J. 313 (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter ("LSES"), a Segway Ninebot KickScooter Max. As...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

No OPRA or Common Law Access Right to Police Body-Worn Camera Video

Fuster v. Township of Chatham, 477 N.J. Super. 477 (App. Div. 2023). This Open Public Records Act ("OPRA") case implicated not only that statute but the Body Worn camera Law...

The End of Last Week

Even as many people were throttling back in anticipation of the long holiday weekend that culminated in Christmas day, the Appellate Division issued three published opinions late last week. Here...

The Final Published Opinion of the Current Term and Noscitur a Sociis

In the Matter of Proposed Construction of Compressor Station (CS327), Office Building and Appurtentant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 (APD200001), 476 N.J. Super. 556 (App. Div. 2023)....

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, 475 N.J. Super. 71 (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey's automobile insurance system, states: "Any person who is convicted...

The Effect of an Amendment to Prong Two of the "Best Interests of the Child" Test in Termination of Parental Rights Proceedings

New Jersey Division of Child Protection & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part...

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

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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....