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

Criminal Statute of Limitations and the Effect of DNA Testing: The Supreme Court Will Speak

The Supreme Court announced today that it has granted certification to review the Appellate Division's decision in State v. Thompson. The question presented, as phrased by the Supreme Court Clerk's...

Successor Liability (or Non-Liability) on a Commercial Lease

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were...

The Supreme Court Addresses the Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New...

The Direct Action Statute and Arbitration

Crystal Point Condominium Ass'n v. Kinsale Ins. Co., 466 N.J. Super. 471 (App. Div. 2021). Plaintiff filed a construction defect litigation regarding balconies and slabs at plaintiff's 42-story condominium building....

Another Mass Tort Case Headed for the Supreme Court?

Hrymoc v. Ethicon, Inc., 467 N.J. Super. 42 (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh...

Unemployment is Not "Substituted Employment," and Unemployment Benefits Are Not "Pay or Salary"

Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its...

Last Week

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to...

The Supreme Court Takes Two New Criminal Appeals and Agrees to Answer a Certified Question From the Third Circuit

The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme...

The Latest on Equitable Subrogation, From Judge Geiger

New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, "rooted in principles...

A Cook Injured While Working at Her Employer's "Family Fun Day" Qualifies for Workers' Compensation

Goulding v. NJ Friendship House, Inc., ___ N.J. ___ (2021). This opinion by Justice Fernandez-Vina today, for a unanimous Supreme Court, dealt with a claim under the Workers Compensation Act....

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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....

Using Proof of Habit or Routine Practice as Evidence of Conduct in a Particular Instance

Fazio v. Altice USA, ___ N.J. ___ (2025). As Justice Fasciale noted in his opinion for a unanimous Supreme Court today, "[h]abit evidence is particularly well suited for cases involving reasonably regular and uniform routine practices of business organizations." New Jersey Evidence Rule 406 permits proof of conduct in a particular instance via the presentation of habit or routine practice. The application of that Rule was at the center of this appeal....

Two Published Appellate Division Decisions in This Short Week

Tomorrow is Independence Day and the courts are closed. Many have taken vacation time in this short week. But not the Appellate Division, which issued two published opinions this week. Here are summaries....

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"?...