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

Tolling of Statute of Limitations for Claims by Minors Does Not Apply to Minors Who Have Died, and on Whose Behalf a Wrongful Death Case is Brought

Monk v. Kennedy University Hospital, Inc., 473 N.J. Super. 178 (App. Div. 2022). This opinion today by Judge Berdote Byrne is, I believe, her first published decision for the Appellate...

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

The "Sham Affidavit Doctrine" in an Unusual Context

Metro Marketing, LLC v. Nationwide Vehicle Assurance, Inc., ___ N.J. Super. ___ (App. Div. 2022). As discussed here, the "sham affidavit doctrine" holds that a party opposing summary judgment cannot...

The Supreme Court Takes Up Two More Cases, One Civil and One Criminal

The Supreme Court announced that it has granted certification in two new cases. One is a civil matter, in which a two-judge Appellate Division panel issued an unpublished per curiam...

Is an Appellate Division Merits Panel Bound by One-Judge Appellate Division Rulings Limiting the Scope of the Appeal?

Devers v. Devers, ___ N.J. Super. ___ (App. Div. 2022). This was a matrimonial appeal. The issue centered around whether a particular financial account ("the Gauss account") was marital property....

Denial of Summary Judgment on Qualified Immunity is Not Immediately Appealable

Harris v. City of Newark, ___ N.J. ___ (2022). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain cases, including cases in which...

Fifteen Years Since Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A.

It's been awhile since this blog featured an anniversary post. Today is a good day to do so. On this date in 2007, the Supreme Court decided Liberty Surplus Ins...

Immunity Under the Landowner's Liability Act

Russi v. City of Newark, ___ N.J. Super. ___ (App. Div. 2022). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain matters, but...

Last Week's Published Opinions

Last week just flew by. So, belatedly, here are summaries of the week's published opinions by the Supreme Court and the Appellate Division: Graphnet, Inc. v. Retarus, Inc., ___ N.J....

No Breach of Contract or Negligence Per Se Claims in Medical Negligence Case

Labega v. Joshi, ___ N.J. Super. ___ (App. Div. 2022). Judge Accurso's opinion in this case began as follows: "We permitted defendants in this medical malpractice action leave to appeal...

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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....