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

Law of the Case Doctrine Does Not Extend From One Party to Another Party Not in Privity

State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law...

History of Domestic Disputes Supports Denial of Gun Permit

In re Appeal of Z.L. From Denial of Firearms Purchaser Identification Card and Handgun Permits, 440 N.J. Super. 351 (App. Div. 2015). Z.L. applied for a firearms purchaser identification card...

Emancipation of a Child Terminates Child Support

Llewelyn v. Shewchuk, 440 N.J. Super. 207 (App. Div. 2015). Orders directing that one parent in a divorce provide payments of child support terminate once the child become emancipated. Yesterday's...

The Appellate Division Addresses a "Rehash"

New Jersey Healthcare Coalition v. New Jersey Dep't of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015). According to today's opinion by Judge Reisner, every few years "health...

A Tour (De Force) Through the Evidence Rules as Applied to Expert Testimony

James v. Ruiz, 440 N.J. Super. 45 (App. Div. 2015). This opinion by Judge Sabatino is like the law school evidence class that some of us wish we had taken....

FLSA Plaintiff Wins Under an Exception to an Exemption

McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a...

The Supreme Court Revisits the Constitutionality of the Redevelopment Law

62-64 Main Street, LLC v. Hackensack Mayor & Council, 221 N.J. 129 (2015). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, defines when an area is blighted and...

The Appellate Division Discusses Three Rules of Evidence

Parker v. Poole, 440 N.J. Super. 7 (App. Div. 2015). Appellate decisions that explicate rules of evidence are not frequent. Today's opinion in this case, written by Judge Hoffman, is such...

Severance of and Discovery Regarding UIM and Bad Faith Claims

Wacker-Ciocco v. Gov't Employees Ins. Co., 439 N.J. Super. 603 (App. Div. 2015). In Procopio v. Gov't Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013), discussed here, the...

A Supreme Court Opinion About Net Opinions

Townsend v. Pierre, 221 N.J. 36 (2015). In this opinion, issued yesterday, the Supreme Court reversed a ruling of the Appellate Division. The Appellate Division's decision was discussed here. The...

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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....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....