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

Supreme Court Will Review "Kyleigh's Law" Case

The Supreme Court has granted review in Trautman v. Christie, 418 N.J. Super. 559 (App. Div. 2011). The decision of the Appellate Division was discussed here. The questions presented are...

New Jersey False Claims Act Does Not Apply Retroactively, Just As the Statute Says

State v. Correctional Medical Services, Inc., 422 N.J. Super. 363 (App. Div. 2011). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15 and -17 to -18, was enacted on January 13,...

A Potential Tort Claims "Weather Immunity" Case for the Supreme Court?

Tymczyszyn v. Columbus Gardens, 422 N.J. Super. 253 (App. Div. 2011). Plaintiff slipped on ice and fell on a sidewalk that abuts a "multi-unit residential property" operated by defendant Hoboken Housing Authority. Plaintiff...

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...

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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....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...