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

Another Suppression of Evidence Appeal Gets to the Supreme Court

The Supreme Court announced that it has granted review in State v. Roundtree. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the police officers initially...

Videotaped Deposition May be Replayed During Summation

Hayes v. Delamotte, 231 N.J. 373 (2018). Today saw the issuance of the Supreme Court's first opinion of 2018. The case, a personal injury matter arising out of an auto...

62 Years Since Appeal of Pennsylvania R. Co., a Key Case on Leave to Appeal

On this date in 1956, the Supreme Court issued its opinion in In re Pennsylvania R. Co., 20 N.J. 398 (1956). Along with Romano v. Maglio, 41 N.J. Super. 561...

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today's opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act,...

Condominium Association Owed Duty of Care to Resident Who Fell on Stairway Lacking Center Railing

Lechler v. 303 Sunset Avenue Condominium Association, Inc., 452 N.J. Super. 574 (App. Div. 2017). The Appellate Division got in under the wire, on this final business day of 2017,...

The Supreme Court Grants Review of an Environmental Land Use Case

The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep't of Environmental Protection. The question presented, as phrased by the Supreme Court Clerk's...

Failure to Submit Affidavit of Merit Timely Does Not Always Call for Dismissal With Prejudice

A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). "This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel's...

The Supreme Court Adds More Cases

The Supreme Court announced that it has granted review in three more cases. Two of them are criminal matters, and the third arises out of a criminal case while presenting...

Advance Disclaimer by Employee of Right to Sue Third Party for Injuries Covered by Workers' Compensation Statutes Violates Public Policy

Vitale v. Schering-Plough Corp., 231 N.J. 234 (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against...

The Supreme Court Takes Up Accutane Appeals and an Evidence Matter

The Supreme Court announced late last Friday that it has granted review in three more cases. Two of those cases involve the long-running Accutane Multi-County Litigation, which the Court has...

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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....