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

Supreme Court Oral Argument Tips From Chief Justice Rabner

Chief justice Rabner was the guest speaker at last night's NJSBA Appellate Practice Committee meeting. He was aware that Judge Vernoia spoke at a previous meeting about appellate briefing, as...

Thirteen Years Since Perez v. Rent-A-Center

On March 15, 2006, the Supreme Court decided Perez v. Rent-A-Center, 186 N.J. 188 (2006). By a 6-1 vote, with Justice Rivera-Soto issuing a partial dissent, the Court held in...

The Supreme Court Takes on a Lot More Work

Today, the Supreme Court announced that it has granted review in nine more cases. That is many more cases than are usually accepted for review at one time, though it...

The Anniversary of Trentacost v. Brussel

On this date in 1980, the Supreme Court decided Trentacost v. Brussel, 82 N.J. 214 (1980). As stated by Justice Pashman, who wrote the majority opinion, the question there was...

Today's Third Circuit Opinion: "Argued October 28, 2015 (Opinion Filed March 12, 2019)"

Komis v. Secretary of the United States Department of Labor, 918 F.3d 289 (3d Cir. 2019). This opinion by Judge Scirica today affirmed the result of a jury trial in...

A Blast From the Past: The Entire Controversy Doctrine and Legal Malpractice Claims

Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C., 237 N.J. 91 (2019). In 1997, the Supreme Court decided Olds v. Donnelly, 150 N.J. 424 (1997). That decision held,...

The Local Government Ethics Law and Super Storm Sandy

Mondsini v. Local Finance Board, 458 N.J. Super. 290 (App. Div. 2019). This opinion by Judge Messano deals with an issue under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to...

Courts Can Consider Arguments Not Raised Below in Order "To Accomplish a Just Result"

In re Robert Brown, Police Sergeant (PM0622N), City of Salem, 458 N.J. Super. 284 (App. Div. 2019). As discussed here, in general, appellate courts will not review issues that were...

In Wrongful Death Cases, No Expert Testimony is Needed to Establish the Value of the Services of a Loved One

Dutton v. Rando, 458 N.J. Super. 213 (App. Div. 2019). In Lesniak v. County of Bergen, 117 N.J. 12 (1989), the Supreme Court stated that expert testimony is not required...

Filing a Criminal Complaint as a Means of Collecting on an Invoice is an Unconscionable Commercial Practice That Warrants Attorneys' Fees Under the Consumer Fraud Act

Jacobs v. Lindsay and Son Plumbing and Heating, Inc., 458 N.J. Super. 194 (App. Div. 2019). The defendant in this appeal, Mark Lindsay and Son Plumbing & Heating, Inc. ("MLSP")...

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A Municipal Court Administrator is Employed by the Township, Not the Administrative Office of the Courts

Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...

Supreme Court to Take Up Two Published Appellate Division Opinions

The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter....

South Seaside Park Can Detach Itself From Berkeley Township

Whiteman v. Township Council of Berkeley Township, ___ N.J. ___ (2025). South Seaside Park is a small (490 year-round residents) barrier island community that has been annexed to the Township of Berkeley ("the Township"). South Seaside Park sought to deannex itself from the Township and to be annexed instead to the Borough of Seaside Park. South Seaside Park followed a statutory petitioning procedure in doing so. The Township refused consent. South Seaside Park went to court and won a ruling from the Law Division that rejected the Township's refusal. The Appellate Division affirmed. Yesterday, in a unanimous opinion by Justice Patterson, the Supreme Court affirmed as well....

Megan's Law "Not Likely to Pose a Threat to the Safety of Others" Extends to Non-Sexual as Well as Sexual Re-Offenses

In re Registrant S.O., ___ N.J. Super. ___ (App. Div. 2025). This appeal presented a pure legal issue relating to the "public safety prongs" contained in the termination provisions of Megan's Law, N.J.S.A. 2C:7-2(f), and the Community Supervision for Life statute ("CSL"), N.J.S.A. 2C:43-6.4(c). Judge Vanek crystallized that "novel" issue as "whether, on a registrant's application to terminate Megan's Law and CSL obligations, the phrase ‘not likely to pose a threat to the safety of others' should be broadly interpreted with the trial court considering threats to safety from subsequent non-sexual and sexual offenses or whether the inquiry should be limited to the threat of sexual re-offense only." The panel held that the broader view was the correct one....