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

Construction Lien Law's "Signatory-Requirement Amendments" Do Not Apply Retroactively

Diamond Beach, LLC v. March Associates, Inc., 457 N.J. Super. 265 (App. Div. 2018). Judge Fasciale's opinion in this construction case today dealt with a narrow issue projected by a...

At Thanksgiving, Gratitude for an Independent Judiciary

The current occupant of the White House lost the 2016 Presidential election by nearly 3,000,000 votes. He occupies the White House because the law (Article 2, Section 1 of, and the...

Fox Rothschild Case, and Two Criminal Appeals, Come to the Supreme Court

The Supreme Court announced that it has granted certification in three cases. Two of them are criminal matters. The third involves a claim against the Fox Rothschild law firm on...

An Earthquake in DWI Law?

State v. Cassidy, 235 N.J. 482 (2018). This unanimous opinion by Justice Timpone adopted the extensive opinion of a Special Master, retired Appellate Division Judge Lisa, on the subject of...

The Supreme Court Solicits Amicus Briefs on Additur and Remittitur

The Supreme Court announced the unusual step of soliciting amicus curiae briefs from anyone who might wish to file one in the case of Orientale v. Jennings, an auto accident...

Halloween: A Not-at-All Spooky Anniversary in Defamation Law

On October 31, 1955, the Supreme Court decided Rainier's Dairies v. Raritan Valley Farms, Inc., 19 N.J. 552 (1955). It was a 6-1 decision, with Justice Jacobs writing for the...

Heather Baker Will Become Clerk of the Supreme Court as of November 29

In an Order dated October 16, but released late yesterday, Chief Justice Rabner announced that Heather Baker is being appointed as Clerk of the Supreme Court, effective as of November...

The Supreme Court Will Address "Not Raised Below," and Three Criminal Appeals

The Supreme Court has announced that it has granted certification in three cases, all criminal matters, and that a civil case will be before it on an appeal as of...

A Sunshine Law Anniversary

On October 19, 1977, the Supreme Court decided Polillo v. Deane, 74 N.J. 562 (1977). That decision is still the leading case under the New Jersey Sunshine Law, N.J.S.A. 10:4-6,...

A Split Appellate Division Decision in a Medical Malpractice Case Goes to the Supreme Court

T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a...

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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....