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

A Big (In Every Way) Decision Under the New Jersey Constitution's Legislative Review Clause

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme...

The Supreme Court Takes Up Two More Criminal Cases and a Spill Act Appeal

The Supreme Court announced today that it has granted certification in three more cases. Two of those are criminal appeals, each involving sentencing issues. The third case presents an issue...

A Lesson in Subject Matter Jurisdiction From Judge Greenaway

Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, 897 F.3d 187 (3d Cir. 2018). Transcontinental Gas Pipe Line Company, LLC ("Transco") obtained a certificate of public convenience...

Motor Vehicle Commission Wrongly Sanctioned Car Dealers Without Holding Hearings

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission ("NJMVC") imposed fines and suspensions on eight car dealers for...

As the End of the Term Nears, The Supreme Court Takes Two More Cases

The Supreme Court announced that it has granted review in two more cases. In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court...

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...

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....

Entire Controversy Doctrine Inapplicable to Teacher Tenure Charge

Yarborough v. State Operated School District of the City of Newark, 455 N.J. Super. 136 (App. Div. 2018). Plaintiff, a third-grade teacher in the Newark public schools, faced a conduct-unbecoming...

Complaint as to Issuance of Bonds for Statehouse Renovation Was Moot, But Failed on the Merits Regardless

Wisniewski v. Murphy, 454 N.J. Super. 508 (App. Div. 2018). In 2017, the State Capitol Joint Management Commission ("JMC") resolved to renovate the Statehouse, the building that houses (among other...

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The Scope of Appellate Jurisdiction Over the Cases Involving the Disqualification of Alina Habba as New Jersey's United States Attorney

As has been widely reported in the legal and popular press, after a series of procedural maneuvers to install Alina Habba as United States Attorney for the District of New Jersey, defendants in two criminal cases (United States v. Giraud and United States v. Pina) sought to disqualify her and to dismiss the indictments against them. On August 21, a specially assigned judge in the Middle District of Pennsylvania ruled that Habba did not properly hold that office but declined to dismiss the indictments....

"Nothing to See Here"- No Supreme Court or Published Appellate Division Decisions This Past Week

The final week of the 2024-25 Term was a quiet one. The Supreme Court did not issue any opinions. The Appellate Division published no opinions. As is common, there were not even many unpublished Appellate Division opinions....

A "Time of the Essence" Anniversary

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...