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

Justice Patterson Gets Tenure

The State Senate yesterday voted to confirm Justice Patterson for tenure on the Supreme Court. She can now serve until age 70, the age of mandatory retirement. Her current term...

Two More Criminal Cases for the Supreme Court

The Supreme Court announced that it will review two more cases. Both are criminal appeals in which the Court granted certification. In State v. McNeil-Thomas, the question presented, as phrased...

High-Low Agreement Did Not Permit Plaintiff to Recover Attorneys' Fees and Expenses Above the "High" Figure

Serico v. Rothberg, 234 N.J. 168 (2018). As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a "high-low agreement" is a contract, and that...

Motor Vehicle Commission Wrongly Sanctioned Car Dealers Without Holding Hearings

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission ("NJMVC") imposed fines and suspensions on eight car dealers for...

Class of Kia Vehicles Owners Was Entitled to Damages Based on Aggregate Figures Rather Than Individual Damage Assessments

Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision...

Res Ipsa Loquitur and Elevator Doors

McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today's opinion for a unanimous Supreme Court, "Res ipsa loquitur...

As the End of the Term Nears, The Supreme Court Takes Two More Cases

The Supreme Court announced that it has granted review in two more cases. In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court...

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

The Supreme Court Will Take Up a DNA Case

The Supreme Court has added one more case to its docket. That case is State v. Camey, in which the Court granted leave to appeal. The question presented, as phrased...

Mark Neary, Clerk of the Supreme Court, Will Retire

Mark Neary, who has served as Clerk of the Supreme Court for over nine years, will retire in November of this year. A search is on for his replacement. A...

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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....