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

The Common Law Continues to Evolve, and a Tort Duty May Consequently be Expanded

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician ("EMT"), designated as "Kenneth" in today's opinion by Judge Fisher, engaged in an unlawful sexual relationship...

Appellate Division Retirements (All Non-Mandatory) Are in the Offing

At last night's NJSBA Appellate Practice Committee meeting, it was announced that three judges of the Appellate Division will be retiring shortly. They are Judges Carroll, Leone, and Manahan. Each...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

Municipal Official Whose Appointment Was Ultra Vires and Void Must Disgorge the Pay He Received

City Council of the City of Orange v. Edwards, 455 N.J. Super. 261 (App. Div. 2018). Willis Edwards III, the subject of today's decision by Judge Currier, is a former...

Another Criminal Case, and Two Cases Involving Civil Claims by Police Officers, Will Get Supreme Court Review

The Supreme Court has announced that it has granted review in three more cases. Two of them resulted from unpublished Appellate Division rulings in cases where police officers are the...

No Attorneys' Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen's Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between...

Foreclosure Judgment Affirmed "In Spite of Certain Irregularities"

Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018). In the usual foreclosure case, the same entity owns both the note and the related mortgage. The facts...

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

Ten Days Until Summer in the Appellate Division

According to the solar calendar, summer formally begins on June 21. But the Appellate Division begins its summer schedule on June 18, as reflected in the summer Part schedule published...

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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....