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

The County Prosecutors Association of New Jersey Is Not a Public Agency Subject to the Open Public Records Act

American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey, 257 N.J. 87 (2024). The ACLU of New Jersey sought five categories of records from defendant...

The Supreme Court Reverses in Comprehensive Neurosurgical v. The Valley Hospital

Comprehensive Neurosurgical, P.C. v. The Valley Hospital, 257 N.J. 33 (2024). As discussed here, the question presented to the Supreme Court in this appeal, which was the subject of today's...

Two Arbitration Decisions by the Appellate Division

This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., 478 N.J. Super. 229...

"Illusory Discounts" Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, 256 N.J. 541 (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the...

Alcoholism As a Disability Under the New Jersey Law Against Discrimination: An Anniversary

On this date in 1988, the Supreme Court decided Clowes v. Terminix Int'l, Inc., 109 N.J 575 (1988). The Court's unanimous opinion, written by Justice Clifford, stated that "[t]he principal...

The Entire Controversy Continues to Have Potency

Francavilla v. Absolute Resolutions VI, LLC, 478 N.J. Super. 171 (App. Div. 2024). Judge Vanek wrote this opinion for the Appellate Division in this putative class action case. Her first...

"Compact" Ward Boundaries Under the Municipal Ward Law

Jersey City United Against the New Ward Map v. Jersey City Ward Commission, 478 N.J. Super. 132 (App. Div. 2024). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents...

When is a Warrantless Automobile Search "Unforeseeable and Spontaneous"?

State v. Baker, 478 N.J. Super. 116 (App. Div. 2024). This opinion by Judge Currier, in a drug possession case, involved once again the automobile exception to the warrant requirement...

"The Unique Facts of This Case" Lead the Supreme Court to Hold That the Defense Was Properly Required to Produce a Certain Affidavit in Reciprocal Discovery

State v. Knight, 257 N.J. 248 (2024). In this opinion by Justice Pierre-Louis today, a unanimous Supreme Court twice stated that the facts of this case were "unique." That is...

The Public Disclosure Bar of the New Jersey False Claims Act

State of New Jersey ex rel. Health Choice Group, LLC v. Bayer Corporation, 478 N.J. Super. 184 (App. Div. 2024). As Judge Gilson discussed in his opinion for the Appellate...

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The Scope of Appellate Jurisdiction Over the Cases Involving the Disqualification of Alina Habba as New Jersey's United States Attorney

As has been widely reported in the legal and popular press, after a series of procedural maneuvers to install Alina Habba as United States Attorney for the District of New Jersey, defendants in two criminal cases (United States v. Giraud and United States v. Pina) sought to disqualify her and to dismiss the indictments against them. On August 21, a specially assigned judge in the Middle District of Pennsylvania ruled that Habba did not properly hold that office but declined to dismiss the indictments....

"Nothing to See Here"- No Supreme Court or Published Appellate Division Decisions This Past Week

The final week of the 2024-25 Term was a quiet one. The Supreme Court did not issue any opinions. The Appellate Division published no opinions. As is common, there were not even many unpublished Appellate Division opinions....

A "Time of the Essence" Anniversary

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...