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

How to Rescind a Certificate of Dissolution of a New Jersey LLC That is Filed in Error or Without Authorization

Patel v. New Jersey Department of Treasury, 479 N.J. Super. 26 (App. Div. 2024). Judge Sabatino's opinion in this case began by explaining its background and the novel issue presented:...

Restraints Imposed in a Title 30 Action for Care and Supervision of Children Must End if the Case is Dismissed

New Jersey Division of Child Protection & Permanency v. J.C., 257 N.J. 451 (2024). Justice Solomon's unanimous opinion for the Supreme Court today posed the question before the Court this...

This Week in the Supreme Court

It's the time of year when the Supreme Court gets into a higher gear when it comes to issuing opinions. The Court released three decisions this week, all of them...

Cleaning Up From Last Week

Due in part to my attendance at the NJSBA Annual Meeting last week, this blog is somewhat behind on last week's published opinions by the Supreme Court and the Appellate...

Operator of Low-Speed Electric Scooter is Not a "Pedestrian" Entitled to Personal Injury Protection Under the No-Fault Act

Goyco v. Progressive Ins. Co., 257 N.J. 313 (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter ("LSES"), a Segway Ninebot KickScooter Max. As...

The Wage Payment Law Does Not Override An Independent Contractor Agreement Between A Real Estate Salesperson And A Broker For Whom The Salesperson Works

Kennedy v. Weichert Co., 257 N.J. 290 (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in...

Non-Disparagement Provision in Law Against Discrimination Settlement Agreement Violates Public Policy

Savage v. Township of Neptune, 257 N.J. 204 (2024). N.J.S.A. 10:5-12.8(a) ("section 12.8") is a provision of the New Jersey Law Against Discrimination ("LAD"). Enacted in 2019 during the "#MeToo"...

The Second Half of April

In the second half of April, the Supreme Court issued one published opinion and the Appellate Division delivered four such rulings. Here are summaries: C.R. v. M.T., 248 N.J. 428...

The County Prosecutors Association of New Jersey Is Not a Public Agency Subject to the Open Public Records Act

American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey, 257 N.J. 87 (2024). The ACLU of New Jersey sought five categories of records from defendant...

Two Arbitration Decisions by the Appellate Division

This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., 478 N.J. Super. 229...

1 2 3 4 567 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55…Last

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....