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

Employee Cannot Sue Employer's Worker's Compensation Carrier for Pain and Suffering Caused by Carrier's Delay in Paying Benefits

Stancil v. ACE USA, ___ N.J. ___ (2012). "In this matter, we are asked to create a common law cause of action that would permit an injured employee, who is...

Rutgers Violated Open Public Meetings Act in Some Respects, But That Statute Gave Plaintiff No Remedy

McGovern v. Rutgers, The State University, 211 N.J. 94 (2012). Plaintiff complained that the Board of Governors of Rutgers, The State University, violated the Open Public Meetings Act, N.J.S.A. 10:4-6...

A "Deadly" Administrative Law Decision

In re Challenge of New Jersey State Funeral Directors Association to Certain N.J.A.C. Amendments, 427 N.J. Super. 268 (App. Div. 2012). This case involved a challenge to amendments to administrative...

Foreign Citizen Whose Admission to the United States Limits Him to a Single Employer is Not "Available for Work" and Eligible for Unemployment Benefits When That Employer Discharges Him

Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012). Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department...

Sales Taxes Under the Bankruptcy Code: A Fascinating, and Difficult, Issue of Statutory Interpretation

In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012). Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of...

Can an Insurer, Suspicious of Insurance Fraud, Require Health Providers Who Seek Reimbursement from the Insurer, to Supply Information About Their Ownership Structure and Billing Practices?

Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection ("PIP") insurance through plaintiff ("Selective"). The patients assigned their right to...

Immunity Statute Protects Rescue Squad Personnel, but Not the Rescue Squad as an Entity

Murray v. Plainfield Rescue Squad, 210 N.J. 581 (2012). Plaintiffs' son was shot in the chest by his brother. The Plainfield Rescue Squad was called. But there was allegedly a prolonged delay in transporting...

Expungement of Less Serious Criminal Convictions

In re Kollman, Jr., Petition for Expungement, 210 N.J. 557 (2012). "To afford a second chance to one-time offenders convicted of less serious offenses, who have led law-abiding lives since conviction, the...

The Appellate Division Limits DEP's Powers

Des Champs Laboratories, Inc. v. Martin, 427 N.J. Super. 84 (App. Div. 2012). This opinion by Judge Sabatino, for a unanimous Appellate Division panel, may lead to one of the most important Supreme Court decisions in years in the...

Records of Public Law School Clinics Are Not Subject to Open Public Records Act

Sussex Commons Assocs., LLC v. Rutgers, the State University, 210 N.J. 531 (2012). Rutgers, the State University of New Jersey, and its two law schools are unquestionably subject to the Open Public Records...

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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....