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

Commissioner of Education Validly Approved Charter Schools That Include Online Instruction

In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). Charter schools are the subject of much controversy....

Not All Misstatements About Medical History Disqualify an Applicant for Worker's Compensation Benefits

Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014). The Workers Compensation Act, N.J.S.A. 34:15-1 to -142 ("the Act"), contains an "anti-fraud" provision in N.J.S.A. 34:15-57.4. Under that...

Even in Egregious Circumstances, Sanctions Cannot be Imposed in Contravention of a Statute

Law v. Siegel, ___ U.S. ___ (2014). Outrageous behavior of a litigant deserves to be punished. That is why provisions such as Federal Rule of Civil Procedure 11 and a...

Applying the Teacher Tenure Act

Platia v. Hamilton Tp. Bd. of Educ., 434 N.J. Super. 382 (App. Div. 2014). Plaintiff was employed as a special education teacher for more than three academic years in a...

Technology as Promoting Self-Reliance and Personal Privacy of Disabled Persons

L.R. v. Division of Disability Services, 434 N.J. Super. 430 (App. Div. 2014). The core mission of the Division of Disability Services is "serving people who have become disabled as...

Ban on Discrimination Against the Unemployed in Job Advertisements is Constitutional

New Jersey Dept' of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014). N.J.S.A. 34:8B-1 "bars employers seeking to fill job vacancies in this State...

A Written Request is Required in Order to Obtain Records Under OPRA

Bozzi v. City of Atlantic City, 434 N.J. Super. 326 (App. Div. 2014). Plaintiff wanted to get a copy of bid specifications for HVAC work at a local public building....

"Capable of Repetition Yet Evading Review": A Mess Involving Referendum Statutes

Finkel v. Hopewell Tp. Committee, 434 N.J. Super. 303 (App. Div. 2013). This case involves the principle of "capable of repetition yet evading review" to defeat a mootness argument. That...

Another Important Initiative and Referendum Decision

Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013). This is another case that involves the power of citizens of a municipality established under the Faulkner Act, N.J.S.A. 40:69A-1 to -210, to...

No Jury Trial Right Under the Insurance Fraud Prevention Act

Allstate New Jersey Ins. Co. v. Lajara, 433 N.J. Super. 20 (App. Div. 2013). Plaintiff insurers sued a number of defendants under the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

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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."...