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

OPRA Covers Electronically Stored Information, Including Fields in E-Mails

Paff v. Galloway Tp., 229 N.J. 340 (2017). In this OPRA case, as discussed here, plaintiff sought to obtain copies of fields in e-mails sent by the Galloway Township Clerk...

State Comptroller Need Not Give Reasons for Auditing Local Government Units

Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017). The Office of the State Comptroller ("OSC") was established by the Legislature in 2007, in order to subject governmental financial...

Making Up for Lost Time

Several days out of the office last week, and work on a large appellate brief, have left me well behind our appellate courts, who have produced a number of decisions...

The "Time of Application Rule" and the Definition of an "Application for Development" That Triggers That Rule

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law ("MLUL"), in N.J.S.A. 40:55D-10.5, contains a "time of application...

Two Issues Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017). As a public body, Kean University's Board of Trustees is subject to the Open Public Meetings Act,...

Volunteer Emergency Medical Technician is Not a "Public Servant" for Purposes of the Official Misconduct Statute

State v. Morrison, 227 N.J. 295 (2016). In today's unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician ("EMT") is a "public servant" who can...

Avoiding an Absurd Result in a Statute of Limitations Case Under the Survivor Act

Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016). A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that "[e]very action brought under this chapter shall be commenced...

When Can an LLC Expel a Member?

IE Test, LLC v. Carroll, 226 N.J. 166 (2016). Until it was superseded by the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-1 to -94 ("RULLCA"), on March 18, 2013,...

Trial Courts May Not Take Away a Jury Trial as a Sanction for a Rule Violation

Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in...

A "Graduating Class" Means a Group of Students Who Complete an Educational Program and Receive Diplomas or Certificates in the Same Given Year

In re Revocation or Suspension of Provisional Accreditation of Eastwick College LPN-to-RN Bridge Program, 225 N.J. 533 (2016). As Justice Patterson reminded us in her opinion in this case today,...

1 2 3 4 5 6 789 10 11 12 13…Last

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....