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

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

Two Megan's Law Decisions by the Supreme Court

In the Matter of Registrant R.H., 258 N.J. 1 (2024); In the Matter of Registrant J.A., 258 N.J. 22 (2024). These decisions, both unanimous, were issued yesterday. Chief Justice Rabner...

Restraints Imposed in a Title 30 Action for Care and Supervision of Children Must End if the Case is Dismissed

New Jersey Division of Child Protection & Permanency v. J.C., 257 N.J. 451 (2024). Justice Solomon's unanimous opinion for the Supreme Court today posed the question before the Court this...

This Week in the Supreme Court

It's the time of year when the Supreme Court gets into a higher gear when it comes to issuing opinions. The Court released three decisions this week, all of them...

Operator of Low-Speed Electric Scooter is Not a "Pedestrian" Entitled to Personal Injury Protection Under the No-Fault Act

Goyco v. Progressive Ins. Co., 257 N.J. 313 (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter ("LSES"), a Segway Ninebot KickScooter Max. As...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

No OPRA or Common Law Access Right to Police Body-Worn Camera Video

Fuster v. Township of Chatham, 477 N.J. Super. 477 (App. Div. 2023). This Open Public Records Act ("OPRA") case implicated not only that statute but the Body Worn camera Law...

The End of Last Week

Even as many people were throttling back in anticipation of the long holiday weekend that culminated in Christmas day, the Appellate Division issued three published opinions late last week. Here...

The Final Published Opinion of the Current Term and Noscitur a Sociis

In the Matter of Proposed Construction of Compressor Station (CS327), Office Building and Appurtentant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 (APD200001), 476 N.J. Super. 556 (App. Div. 2023)....

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, 475 N.J. Super. 71 (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey's automobile insurance system, states: "Any person who is convicted...

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A "Time of the Essence" Anniversary

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...

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....