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

Another Child Abuse and Neglect Case, and a Criminal Case With Constitutional Law Issues, Will be Before the Supreme Court

The Supreme Court announced today that it has granted review in two new cases. The first, New Jersey Division of Child Protection & Permanency v. A.B., is before the Court...

Sovereign Immunity Prevails, But the State Police Still Lose

Royster v. New Jersey State Police, 227 N.J. 482 (2017). Today's decision is a unique one. Writing for the majority of five Justices (Justices LaVecchia, Patterson, Fernandez-Vina, Solomon, and Timpone),...

The Third Circuit Will Post Video of Certain Oral Arguments

Last Friday, the Third Circuit announced that it will begin to post on its website, www.ca3,uscourts.gov, "videos of oral arguments in select cases," more specifically, those that are "deemed to...

Judge Carol E. Higbee (1950-2017)

Judge Carol E. Higbee, who has been an Appellate Division judge for two years and, before that, a trial level judge in Atlantic County for 21 years, died on January...

The Effect of United States Supreme Court Dicta

Coleman v. Superintendent Greene SCI, 845 F.3d 73 (3d Cir. 2017). Today, Judge Hardiman, writing for the Third Circuit in a habeas corpus case, addressed the weight to be given...

Fee Awards Under Consumer Statutes Can Go Beyond the Extent of a Plaintiff's Success On His or Her Complaint

DeGarmeaux v. DNV Concepts, Inc., 448 N.J. Super. 148 (App. Div. 2016). As Judge Manahan stated in his opinion for the Appellate Division in this case, "[t]he issue of reasonbleness...

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...

A New Rule, 2:9-14, is Promulgated Regarding Supreme Court Review of Orders Granting Pretrial Detention

This morning, the Supreme Court published a notice to the Bar, available here, regarding a new Court Rule that addresses review by the Court of Appellate Division rulings regarding pretrial...

The Supreme Court Will Review a Big Constitutional Law Case, Three Criminal Appeals, and an Insurance Coverage Case

This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional...

Equitable Distribution Statute Does Not Apply to Property Acquired During Cohabitation, But Equitable Principles Come to the Rescue

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had...

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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....