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

Public Employees Lose Again, as Supreme Court Upholds Suspension of Pension Cost of Living Adjustments

Berg v. Christie, 225 N.J. 245 (2016). Today's decision in this closely-watched case shows once again the importance of the standard of review applied. In a 6-1 decision by Justice...

Hospitals Lose Their Appeal of Horizon's OMNIA Health Alliance

Capital Health System, Inc. v. New Jersey Dep't of Banking & Insurance, 445 N.J. Super. 522 (App. Div. 2016). In September 2015, the New Jersey Department of Banking and Insurance...

Temporary Help Service Firms vs. Employment Agencies, and Registration vs. Licensure

AIT Global Inc. v. Yadav, 445 N.J. Super. 513 (App. Div. 2016). Plaintiff in this case was a temporary help service firm ("THSF") that provided short-term information technology consultants for...

An "Attagirl" for Judge Chrystal in a Long-Running Mount Laurel Case

Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016). This Mount Laurel litigation resulted in a builder's remedy for construction of a 360-unit residential development in...

Office of Attorney Ethics May Investigate Grievance That District Ethics Committee Had Declined to Docket

Robertelli v. New Jersey Office of Attorney Ethics, 224 N.J. 470 (2016). As today's decision by Chief Justice Rabner describes in exquisite detail, the Supreme Court has established two different...

Open Public Records Act Request That Requires Government to Create Records is Improper

Paff v. Galloway Tp., 444 N.J. Super. 495 (App. Div. 2016). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"). In this...

Tort Claims Act Notice Need Not be Served on Private Government Contractor

Gomes v. County of Monmouth, 444 N.J. Super. 479 (App. Div. 2016). The Tort Claims Act, N.J.S.A. 59:1-1 et seq. ("TCA"), requires that a plaintiff who intends to sue a...

Shareholder Quorum Requirement Cannot be Altered by Changing the Bylaws

Sterling Laurel Realty, LLC v. Laurel Gardens Co-Op, Inc., 444 N.J. Super. 470 (App. Div. 2016). A majority of the board of the defendant residential co-op development became frustrated that...

(Likely) Coming Soon to the Supreme Court: When Does the Involvement of DNA Evidence Toll the Criminal Statute of Limitations?

State v. Twiggs, 445 N.J. Super. 23 (App. Div. 2016). In this conspiracy to commit robbery case, the Law Division dismissed the indictment because the State began the prosecution beyond...

PERC Cannot Unilaterally Abandon the "Dynamic Status Quo Doctrine"

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016). The Public Employment Relations Commission ("PERC") is a state agency that is charged by the Legislature with implementing...

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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....