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

The Business Judgment Rule and Planned Residential Communities

Alloco v. Ocean Beach and Bay Club, 456 N.J. Super. 124 (App. Div. 2018). This opinion by Judge Leone focuses on the business judgment rule and its applicability in the...

State University Development Proposals: A Tweak to Rutgers v. Piluso

Montclair State University v. County of Passaic, 234 N.J. 434 (2018). This case centered on the proper application of Rutgers v. Piluso, 60 N.J. 142 (1972). As discussed here, in...

Daubert Factors (But Not Daubert) Come to New Jersey

In re Accutane Litigation, 234 N.J.340 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone, and...

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...

The Federal Tort Claims Act Statute of Limitations

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) ("FTCA"), a tort claim against the United States is "forever barred...

Class of Kia Vehicles Owners Was Entitled to Damages Based on Aggregate Figures Rather Than Individual Damage Assessments

Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision...

Res Ipsa Loquitur and Elevator Doors

McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today's opinion for a unanimous Supreme Court, "Res ipsa loquitur...

The Third Circuit Clarifies CAFA's "Local Controversy Exception" on Unusual Facts

Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018). The "local controversy" exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005,...

McCarrell Choice of Law Analysis Goes Against Legal Malpractice Plaintiff

MTK Food Services, Inc. v. Sirius America Ins. Co., 455 N.J. Super. 307 (App. Div. 2018). In McCarrell v. Hoffman-LaRoche, Inc., 227 N.J. 569 (2017), discussed here, 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...

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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....