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

Two by Judge Susswein

State v. Barclay, 479 N.J. Super. 451 (App. Div. 2024); State v. Wildgoose, 479 N.J. Super. 331 (App. Div. 2024). Judge Susswein seems often to write published opinions in criminal...

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

Yesterday and Today

The final two days of July saw one Supreme Court opinion and two published opinions by the Appellate Division. Here are summaries: New Jersey Division of Child Protection & Permanency...

The Supreme Court Takes Up Another Compassionate Release Act Case

The Supreme Court announced that it has granted certification in M.R. v. Department of Corrections. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the Compassionate...

The Past Week in the Appellate Division

Since last Friday, one week ago, the Appellate Division issued three published opinions (not counting its opinion in the Verizon case that the Supreme Court decided yesterday, in which the...

Verizon Loses a Tax Case, as the Supreme Court Affirms an Appellate Division Decision for the Reasons the Appellate Division Gave

Verizon New Jersey, Inc. v. Borough of Hopewell, 258 N.J. 255 (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at...

Referral Fees and Another Affidavit of Merit Case Will be Before the Supreme Court

The Supreme Court has announced that it has granted review in two new matters. One is on a familiar subject: affidavits of merit in professional liability cases. The other involves...

Immunity Under the Landowners Liability Act

Arias v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2024). This was a personal injury case. Plaintiff fell in a hole and sustained injuries while rollerblading on a...

Class Action Waivers Are Enforceable Even Without Accompanying Mandatory Arbitration Clauses

Pace v. Hamilton Cove, 258 N.J. 82 (2024). Class action waivers and mandatory arbitration provisions often appear together in consumer contracts. They are among the tools sellers use to restrict...

Two Megan's Law Decisions by the Supreme Court

In the Matter of Registrant R.H., 258 N.J. 1 (2024); In the Matter of Registrant J.A., 258 N.J. 22 (2024). These decisions, both unanimous, were issued yesterday. Chief Justice Rabner...

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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....