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

Powering Up Again

The power outage resulting from last week's storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and...

Challenges to Class Representative's Adequacy and to Predominance of Common Issues Fail to Overturn Class Certification in Antitrust Class Case

In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids,...

Supreme Court's Message to Prosecutors: Opening Statement Promises of a Confession by Defendants Are at Your Own Risk

State v. Greene, 242 N.J. 530 (2020). Until today, the Supreme Court "has not had occasion to squarely address a prosecutor's opening statement that detailed evidence of a defendant's guilt...

The Tort of Intrusion Upon Seclusion

Friedman v. Martinez, 242 N.J. 450 (2020). The Torts class in the first year of law school deals with, among other things, the tort of intrusion upon seclusion. It is...

The Supreme Court Reaffirms 66 East Allendale Rule for Determining Highest and Best Use in Condemnation Cases

Township of Manalapan v. Gentile, 242 N.J. 295 (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law...

A Due Process Travesty in a Workers Compensation Case

McGory v. SLS Landscaping, 463 N.J. Super. 463 (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge...

Sanctions, Damages for a Removed "Bamboo Fence," and a 4-3 Supreme Court Vote

Kornbleuth v. Westover, 241 N.J. 289 (2020). The Supreme Court of the United States frequently seems to split 5-4. It is relatively rare for the Supreme court of New Jersey...

A "Must Read" Supreme Court Opinion About Attorney Retainer Agreements

Balducci v. Cige, 240 N.J. 574 (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App....

"Class of One" Equal Protection Claims by Public Employees Are Not Permitted

DiBuonaventura v. Washington Tp., 462 N.J. Super. 260 (App. Div. 2020). Plaintiff was a police officer in Washington Township, Gloucester County. He made several complaints about the conduct of the...

Counsel Who Represented a State Witness in a Murder Case is Disqualified From Representing the Defendant in That Same Case

State v. Faulcon, 462 N.J. Super. 250 (App. Div. 2020). Judge Koblitz did not leave readers in suspense about the outcome of her opinion for the Appellate Division today. Her...

1 2 3 4 5 6 789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36…Last

The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...

What Weapons Offenses Are Subject to the Parole Ineligibility Requirement of the Graves Act?

State v. Cromedy, ___ N.J. ___ (2025). The Graves Act, N.J.S.A. 2C:43-6(c), prescribes a minimum term of incarceration for firearm-related offenses under certain subsections of N.J.S.A. 2C:39-5, as well as a mandatory period of parole ineligibility. In this case, the issue was whether a weapons offense conviction of violation of N.J.S.A. 2C:39-5(j) is covered by the Graves Act. The Law Division and the Appellate Division each held that it was. The Supreme Court reversed in a unanimous opinion by Justice Noriega....