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

"Wants" vs. "Needs" and the Fair Housing Amendments Act

Vorchheimer v. The Philadelphian Owners Association, 903 F.3d 100 (3d Cir. 2018). Today's opinion by Judge Bibas focuses on what is "necessary" for purposes of the Fair Housing Amendments Act,...

SLUSA Does Not Bar Investors' Claims That Broker Overcharged Them to Execute Securities Transactions

Taksir v. The Vanguard Group, 903 F.3d 95 (3d Cir. 2018). As relevant to this appeal, the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. §78bb ("SLUSA"), states that...

Back in Action!

Due to travel over most of the past two weeks (and getting "back in the game" once having returned), there have been no posts here. But the courts have been...

The Limitations Period for PIP Benefits Appeals From Decisions of Dispute Resolution Professionals

Personal Service Ins. Co. v. Relievus, 455 N.J. Super. 508 (App. Div. 2018). This opinion, issued by Judge Sumners today for a unanimous panel, concerned "whether a Law Division summary...

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...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

"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...

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....

OPRA Requires Disclosure of the Names of Successful Bidders at Public Auctions of Government Property

Brennan v. Bergen County Prosecutor's Office, 233 N.J. 330 (2018). This opinion by Chief Justice Rabner, for a unanimous Supreme Court, addressed an issue that arose under the Open Public...

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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....