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

Reconsideration Motion Was Not Timely "Served," and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., 457 N.J. Super. 464 (App. Div. 2019). In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion...

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...

Two More Criminal Cases for the Supreme Court

The Supreme Court announced that it will review two more cases. Both are criminal appeals in which the Court granted certification. In State v. McNeil-Thomas, the question presented, as phrased...

The 2018-19 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge...

Referring to a Party's Brief Instead of Offering Findings and Conclusions Draws Judge Fuentes's Ire

Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018). This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate...

Judge Fuentes Offers Appellate Practice Tips

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice. Examples of that were discussed here and here. At last...

Attorney Failure to Take Any Action Regarding Affidavit of Merit is Not "Extraordinary Circumstance" That Defeats Dismissal With Prejudice

Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today's snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

Government "Cannot Erect Technological Barriers to Deny Access to Government Records That Were Previously Available Under OPRA"

Conley v. New Jersey Department of Corrections, 452 N.J. Super. 605 (App. Div. 2018). This was an appeal brought by a pro se prisoner under the Open Public Records Act,...

Judge Fuentes Warns: When Seeking Dismissal With Prejudice as a Discovery Sanction, "Follow the Procedural Safeguards" of Rule 4:23-5

Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice....

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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....