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

Qualified Immunity for Funeral Directors

Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015). Apart from funeral directors, their attorneys, and a small number of judges, it's likely that few people...

An Easy Statutory Interpretation Ruling, With Bonus Analysis of Declaratory Judgment and Joinder Issues

Williams v. Borough of Clayton, 442 N.J. Super. 583 (App. Div. 2015). N.J.S.A. 40A:14-129 and -130 mandate that an officer seeking promotions to "superior position[s]"in police departments in smaller municipalities...

The Third Circuit Grants En Banc Review in the New Jersey Sports Gambling Law Case

As discussed here, a panel of the Third Circuit, by a 2-1 vote, had affirmed a decision of the District Court that had blocked New Jersey's Sports Wagering Act, N.J.S.A....

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...

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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."...