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

Frustration of Purpose and Impossibility of Performance Must be Pleaded as Affirmative Defenses

JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass'n, Inc., 431 N.J. Super. 233 (App. Div. 2013). Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards...

A Flaw in a Model Jury Charge, Part 2

Flood .v. Aluri-Vallabhaneni, 431 N.J. Super. 365 (App. Div. 2013). On June 4, in Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013), a panel consisting of Judges Messano, Lihotz and Kennedy, in...

A Flaw in a Model Jury Charge?

Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013). This opinion by Judge Lihotz was issued in April but was approved for publication only today. It is a medical malpractice case,...

The Invited Error Doctrine

State v. A.R., 185 N.J. 256 (2013). This blog does not often report on criminal cases. But the attached decision, written by Judge Cuff for a unanimous Supreme Court, highlights the invited...

Trial Judge Erred in Limiting Medical Malpractice Plaintiff to One Expert Only

McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013). This opinion by Judge Ashrafi addresses a number of evidence issues. The most important, however, relates to the decision of...

Port Authority's Liability for Injuries Varies Depending on Whether Injury Occurred on a Platform or on a Train

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013). Plaintiff fell on the platform of a PATH train station and injured herself. She sued...

A Jury, Not a Judge, Must Decide Contested Tort Claims Act Issue of Whether a Public Entity Exercised Discretionary Decisionmaking or Undertook a Mere Ministerial Act

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was...

Adverse Inference Charges

Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013). In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular...

Pro Se Litigants Have No Right to a Pro Se Manual, or to Other Assistance From the Courts

Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant's fueling station. The boat's tank overflowed with gasoline,...

Front Pay

Quinlan v. Curtiss-Wright Corp., 425 N.J. Super. 335 (App. Div. 2012). This is a long-running employment discrimination case that came back to the Appellate Division after a remand by the Supreme Court....

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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....