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

Affidavit of Merit Statute Does Not Apply to Unlicensed Persons, and Some Other Lessons

Albrecht v. Correctional Medical Services, 422 N.J. Super. 265 (App. Div. 2011). The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, makes the submission of an affidavit that a suit has merit...

Deprivation of Deferred Retirement Benefits Due to Conviction of Crime May Occur Only When Offense Relates to Official Duties

In re Hess, 422 N.J. Super. 27 (App. Div. 2011). Suzanne Hess was employed as a Geographic Information Specialist by the New Jersey Office of Information Technology. She filed an application for a...

League of Municipalities is Subject to Open Public Records Act

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489 (2011). The New Jersey State League of Municipalities ("the League") is an entity created under N.J.S.A. 40:48-22...

Charitable Immunity Act Exception Clarified

Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011). Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet...

Defective Notice of Intention to Foreclose Requires Dismissal Without Prejudice

Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011). N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act ("FFA"), requires a lender who plans to foreclose on a mortgage...

City/State Location of Calls to/from Public Employees' Government-Provided Cellphones are Not Private

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011). North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that "the people...

Individual Owners, Officers or Employees, as Well as Their Companies, Can be Liable for Violation of Consumer Fraud Act Regulations

Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011). The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. ("CFA"), makes liable any "person" who violates the CFA. In...

In Applying Statutes, Don't be Overly Literal

Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011). Out of the lengthy procedural history of this land use matter comes the simple message that...

Homeowner Can Sue Building Contractor for Consumer Fraud Even Where Homeowner Has Acted as His Own General Contractor

Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011). Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on...

The Supreme Court Discusses, for the First Time, Two Exceptions to the Open Public Records Act

Kovalcik v. Somerset County Prosecutor's Office, 206 N.J. 581 (2011). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 ("OPRA"), makes "government records," as broadly defined in OPRA, generally accessible. However, the right of access...

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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....