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

Both a Tax Collector and Her Municipal Employer Can be Liable Under Civil Rights Acts for Improper Refusal to Redeem Property to Avoid Foreclosure

Winberry Realty Partnership v. Borough of Rutherford, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this case.] This case has a long...

What Not to Do as an Attorney: "Appalling, Unlawyerly Behavior"

United States v. Brace, 2021 U.S. App. LEXIS 17482 (3d Cir. June 11, 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion,...

The Third Circuit Issues a New Procedure Regarding Highly Sensitive Documents

Chief Judge Smith issued a Standing Order Regarding Highly Sensitive Documents. It is available here. The Standing Order creates new procedures for materials defined therein as "Highly Sensitive Documents" ("HSD")....

The Third Circuit Shoots Down the Trump Campaign's Attack on the Pennsylvania Vote

Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But...

"Good Cause" is Required to Amend a Complaint After a Scheduling Order Deadline for Amendment Has Passed

Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when...

Entire Controversy Doctrine Does Not Bar Second Case Brought by Party Who, as a Defendant, Defeated a Prior Case for Failure to State a Claim

Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the...

A Third Circuit Ruling in Favor of Association Standing

New Jersey Coalition of Automotive Retailers, Inc. v. Mazda Motors of America, 957 F.3d 390 (3d Cir. 2020). In Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977),...

Breaking the Silence

February 26 was the most recent post on this blog. From then until today, I have had an Appellate Division oral argument, an oral argument on a dispositive motion in...

The Most Common Deficiencies in Appellate Division Briefs and Appendices

The bane of every appellate practitioner's existence is the dreaded deficiency notice from the Appellate Division. Last night's meeting of the New Jersey State Bar Association's Appellate Practice Committee included...

Busy Days at the Third Circuit

Though the Supreme Court of New Jersey and the Appellate Division are only just beginning to ramp up in the new Term, the Third Circuit has been pumping out 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....