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

The Supreme Court Decides Docket No. A-1-2018, Based on Plain Language of the Check Cashers Regulatory Act of 1993

Garden State Check Cashing Service, Inc. v. New Jersey Department of Banking and Insurance, 237 N.J. 482 (2019). As discussed here, this was the very first appeal of the current...

Where Sample Primary Election Ballots Are Required to be Printed in English and Spanish, Official Primary Ballots Must Also Be

Correa v. Grossi, 458 N.J. Super. 571 (App. Div. 2019). Multiple pieces of related legislation can be inconsistent, and courts are called on to harmonize them using classic principles of...

Judge Porter Issues His First Precedential Opinion

Madar v. Unites States Citizenship and Immigration Services, 918 F.3d 120 (3d Cir. 2019). Having been confirmed by the Senate as the newest member of the Third Circuit in October...

Assignor's Loss of a Mortgage Note Does Not Preclude Foreclosure by an Assignee

Investors Bank v. Torres, 457 N.J. Super. 53 (App. Div. 2018). In this foreclosure case, the plaintiff bank was the assignee of a note that was secured by a mortgage....

The Limitations Period for PIP Benefits Appeals From Decisions of Dispute Resolution Professionals

Personal Service Ins. Co. v. Relievus, 455 N.J. Super. 508 (App. Div. 2018). This opinion, issued by Judge Sumners today for a unanimous panel, concerned "whether a Law Division summary...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

Election Law Enforcement Commission Can Pursue Complaint Against Essex County Executive

New Jersey Election Law Enforcement Commission v. DiVincenzo, 451 N.J. Super. 554 (App. Div. 2017). In 2011, the New Jersey Election Law Commission ("ELEC"), an independent four-member body that enforces...

The New Jersey False Claims Act Does Not Apply to Claims Made in Connection With State Tax Laws

State ex rel. Campagna v. Post Integrations, Inc., 451 N.J. Super. 276 (App. Div. 2017). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -18 ("NJFCA"), encourages lawsuits by private...

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

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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....