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

It's Tough to Get Around the Workers' Compensation Act's Ban on Employee Lawsuits Against Employers

Van Dunk v. Reckson Associates Realty Corp., 210 N.J. 449 (2012). New Jersey's Workers' Compensation Act, N.J.S.A. 34:15-1 to -128.5 ("the Act"), creates what is normally the sole recourse for an employee...

Will Properly Admitted to Probate Even Though Decedent Didn't Sign It

In re Estate of Richard Ehrlich, 427 N.J. Super. 64 (App. Div. 2012). Richard Ehrlich, a trust and estates lawyer, died. The only purported will of his that could be found was...

Wrongful Death Act Claim for Estate Tax Impact of Premature Death May Go Forward

Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented:...

JCP&L Can be Liable for Negligent Placement of Electrical Pole

Seals v. County of Morris, 210 N.J. 157 (2012). While driving on a snow-covered road, plaintiffs could not negotiate a curve in the road and struck a JCP&L electrical pole located near the...

Interlocutory Appeal Treated as Final, But Appellant Loses Anyway

Rubessa v. Warner, 2012 WL 1468789 (App. Div. April 30, 2012). In spite of frequent warnings that interlocutory appeals improperly brought as final will be dismissed, the Appellate Division occasionally overlooks...

An Important Decision Under the Evidence Rules

Konop v. Rosen, 425 N.J. Super. 391 (App. Div. 2012). Trial lawyers and appellate lawyers take heed! The Appellate Division, speaking through an encyclopedic opinion by Judge Messano, has issued one of...

"You Don't Have to be Jewish …" (A Law Against Discrimination Case)

Cowher v. Carson & Roberts, 425 N.J. Super. 285 (App. Div. 2012). Plaintiff Myron Cowher worked for a trucking company. His two supervisors persistently hurled anti-Semitic epithets at him, including (among many...

The U.S. Supreme Court Addresses Strip-Searches

Florence v. Burlington Cty. Freeholder Bd., 132 U.S. 1510 (2012). When a New Jersey case reaches the Supreme Court of the United States, it often seems to turn into a landmark. This case...

Relation Back and Other Statute of Limitations Issues

Walker v. Choudhary, 425 N.J. Super. 135 (App. Div. 2012). This was a medical malpractice and wrongful death action. Three defendants, a doctor, a medical group, and a company that owns a...

Some Instruction About How to Apply the 10-Year Construction Statute of Repose to a Multi-Phase Project

State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies "in the design, planning, surveying, supervision or construction...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 404142 43 44 45 46 47…Last

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....