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

A Big (In Every Way) Decision Under the New Jersey Constitution's Legislative Review Clause

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme...

State University Development Proposals: A Tweak to Rutgers v. Piluso

Montclair State University v. County of Passaic, 234 N.J. 434 (2018). This case centered on the proper application of Rutgers v. Piluso, 60 N.J. 142 (1972). As discussed here, in...

Daubert Factors (But Not Daubert) Come to New Jersey

In re Accutane Litigation, 234 N.J.340 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone, and...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

Failure to Submit Affidavit of Merit Timely Does Not Always Call for Dismissal With Prejudice

A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). "This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel's...

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...

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...

Insurance Policy's Anti-Assignment Clause Does Not Bar Assignment of Post-Loss Claim

Givaudan Fragrances Corp. v. Aetna Cas. & Surety Co., 227 N.J. 322 (2017). Today's opinion by Justice LaVecchia, a 6-0 ruling (Justice Albin did not participate) aligned New Jersey with...

"Pent-Up" Demand for Low and Moderate Income Housing Must be Accounted for as Part of "Present Need"

In re Declaratory Judgment Actions Filed by Various Municipalities, 227 N.J. 508 (2017). In the Appellate Division decision in this case, reported at 446 N.J. Super. 259 (App. Div. 2016),...

Fiscal Emergencies Alone Do Not Permit Public Employers to Adversely Affect Employee Compensation in Violation of Collective Bargaining Agreements

In re Robbinsville Tp. Bd. of Educ. v. Washington Tp. Educ. Ass'n, 227 N.J. 192 (2016). In Borough of Keyport v. International Union of Operating Engineers, 222 N.J. 314 (2015),...

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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....