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

The Effect of the Product Liability Act's Presumption of Labeling Adequacy on the Statute of Limitations in Products Cases

Kendall v. Hoffman-LaRoche, Inc.., 209 N.J. 173 (2012). In this case, the 5-1 majority opinion by Justice Long offers a comprehensive tutorial about New Jersey's "discovery rule," which mitigates the strict statute...

Even a Non-Citizen May Change Her Name

In re Application of Xiangjing Zhan, 424 N.J. Super. 231 (App. Div. 2012). A permanent resident alien sought to invoke New Jersey's name change statute, N.J.S.A. 2A:52-1 to -4, to change his...

Citizens of Walsh Act Municipalities Have the Same Right to a Referendum on Authorizing Indebtedness as Citizens of Other Types of Municipalities Do

In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012). The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum...

Public Agency Supervisor May be Individually Liable Under Family Medical Leave Act

Haybarger v. Lawrence County Adult Probation & Parole, 667 F.3d 408 (3d Cir. 2012). Plaintiff Debra Haybarger worked for defendant, an agency of the Pennsylvania Court of Common Pleas. Plaintiff has several...

"What's in a Name?"

Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012). The title of this post is, unsurprisingly, not my own creation. It is the first line of this opinion by Judge Fisher,...

Statute That Does Not Afford Jury Trial for Negligent Property Damage Claim is Unconstitutional

Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that "the right to trial by jury shall...

An Easy One for the Supreme Court: Plain Statutory Language Controls; Retroactivity Issue Deferred

Selective Ins. Co. v. Rothman, 208 N.J. 580 (2012). The issue in this case, which arose out of the plaintiff insurance company's denial of personal injury protection ("PIP") claims for payment of...

Repossession Company is Not "User by Permission" of Repossessed Automobile

Repossession Specialists v. Geico Ins. Co., 423 N.J. Super. 518 (App. Div. 2012). Annetta Jackson defaulted on her car loan, and Repossession Specialists ("Repossession") was sent to repossess the vehicle. After the...

"Housing-Related" Disputes Between Condominium Unit Owners and A Condominium Association Must Go to ADR

Bell Tower Condominium Ass'n v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). A condominium association imposed a special assessment on each of its five unit owners. The purpose of the assessment...

Discovery Rule Does Not Toll the Time to File a Notice of Claim Against a Public Entity

McDade v. Siazon, 208 N.J. 463 (2011). Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of...

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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....