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

Two More Suppression of Evidence Cases for the Supreme Court

The Supreme Court announced today that it has granted leave to appeal in two criminal cases, each of which addresses the suppression of evidence. In State v. Atwood, the question...

Failure to Pay Arbitration Fees Breaches Agreement That Requires Arbitration

Roach v. BM Motoring, LLC, 228 N.J. 163 (2017). Plaintiffs bought used cars from defendants. In connection with those purchases, plaintiffs signed Dispute Resolution Agreements ("DRA's") that required any disputes...

Supreme Court Will Review a Defamation Case, a Vehicle Search Case, and a Warrantless Entry Case

The Supreme Court announced today the addition to three more cases to its docket. The first of those appeals comes from a published opinion of the Appellate Division. Petro-Lubricant Testing...

A Red-Letter Day for Beach Access

One might not think that February 2, a date in the dead of winter, would have anything to do with access to New Jersey's beaches. But on this date in...

Two More Supreme Court Grants of Review Announced Today

The Supreme Court announced today that it has granted review in two more appeals. One case involves unemployment benefits, a subject that the Court visits only occasionally. The other is...

Insurance Policy's Anti-Assignment Clause Does Not Bar Assignment of Post-Loss Claim

Givaudan Fragrances Corp. v. Aetna Cas. & Surety Co., 227 N.J. 322 (2017). Today's opinion by Justice LaVecchia, a 6-0 ruling (Justice Albin did not participate) aligned New Jersey with...

The Supreme Court Will Review a UCC Case, an Important Discovery Issue, and Another Criminal Case

The Supreme Court announced that it has granted review in three more cases. In Granata v. Broderick, the question presented, as phrased by the Supreme Court Clerk's Office, is "Among...

A New Test for Statute of Limitations Choice of Law Decisions: Restatement Section 142

Scheeler v. Office of the Governor, 448 N.J. Super. 333 (App. Div. 2017). In these consolidated appeals, plaintiffs each sent requests under the Open Public Records Act, N.J.S.A. 47:1A-1 to...

A Murder and Arson Case for the Supreme Court

The Supreme Court announced that it has granted review in State v. Prall. The question presented, as phrased by the Supreme Court Clerk's Office, is "In this trial for murder...

33 Years Since Mount Laurel II

Today is inauguration day for Donald Trump. He and his designee to head the Department of Housing and Urban Development, Dr. Ben Carson, might take a lesson from a decision...

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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....