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

General Contractor Found Not Liable for Injuries to Subcontractor's Employee

Tarabokia v. Structure Tone, 429 N.J. Super. 103 (App. Div. 2012). "The issue is whether, under the circumstances presented, the general or prime contractor has a duty to ensure the safety of...

City Not Liable for Partial Demolition of Burning Building Where Necessary to Fight the Fire

Crystal Ice-Bridgeton, LLC v. City of Bridgeton, 428 N.J. Super. 576 (App. Div. 2012). Plaintiff's building caught fire. Bridgeton firefighters responded and were at the site for nine hours. While the fire...

Where a Shopping Center Lease Requires the Landlord to Maintain the Parking Lot, a Tenant is Normally Not Liable to a Patron Injured in That Lot

Kandrac v. Marrazzo's Market at Robbinsiville, 429 N.J. Super. 79 (App. Div. 2012). "[A]s a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation...

Firing Alcoholic Employee for Failing Random Alcohol Test Required Only of Alcoholics, Where No Issue of Job Performance was Raised, Could Violate NJLAD

A.D.P. v. ExxonMobil Research & Eng. Co., 428 N.J. Super. 518 (App. Div. 2012). Plaintiff had worked for defendant ("Exxon") for over 29 years. Exxon required her to sign an agreement that...

When a Party Dies

Giles v. Campbell, 698 F.3d 153 (3d Cir. 2012). Federal Rule of Civil Procedure 25 addresses what happens when a party dies during the pendency of a case. Plaintiff, a...

No Declaration of Taking in Condemnation Matter? No Taking Occurred

Hoagland v. City of Long Branch, 428 N.J. Super. 321 (App. Div. 2012). Plaintiffs owned property in Long Branch as to which the City of Long Branch instituted condemnation proceedings. After...

Respondents May Need to Appeal in Order to Preserve Certain Arguments

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012). Last year, the Third Circuit decided a case...

The Prerogative Writ of Mandamus

Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012). An action in lieu of prerogative writs can be used where, at common law, one of the designated...

Consumer Fraud Act Claim Against For-Profit Technical College May Proceed

Suarez v. Eastern International College, 428 N.J. Super. 10 (App. Div. 2012). Plaintiff enrolled at the defendant for-profit college, in its diagnostic medical ultrasound technician program. A school representative told...

A Lesson in Collateral Estoppel, and an Appellate Practice Nugget

Gannon v. American Home Products, Inc., 211 N.J. 454 (2012). This case presented the issue of whether a judgment against these personal injury plaintiffs in their federal court suit against the...

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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....