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

Clearing the Way for Pro Bono Assistance to Chapter 7 Bankruptcy Filers

In re Opinion No. 17-2012 of the Advisory Committee on Professional Ethics, 220 N.J. 468 (2014). Chapter 7 bankruptcy is the most common resource of indigent individuals who must file...

The Senate Confirms Chief Justice Rabner and Judge Solomon for Supreme Court Seats

Today, the Senate voted to grant tenure to Chief Justice Rabner and to confirm Judge Solomon as an Associate Justice. This was as expected. The vote on Chief Justice Rabner...

Chief Justice Rabner Clears the Judiciary Committee

The Senate Judiciary Committee this afternoon voted 11-2 to recommend to the full Senate that Chief Justice Rabner be granted tenure on the Supreme Court. The only negative votes came from Senators Michael...

Governor Christie Will Renominate Chief Justice Rabner and Will Nominate Judge Solomon to the Supreme Court as Well

At a press conference that just concluded, Governor Christie announced that he will renominate Chief Justice Rabner to the Supreme Court. The Chief Justice's initial term expires next month. Senate...

Jury Duty for All

In an article available here, today's Star-Ledger reports that Chief Justice Rabner appeared for jury duty yesterday in Essex County Superior Court. AFter watching an orientation video for jurors that featured...

The New Jersey Wiretapping Act is Held Constitutional

Today's post is a guest post by Victor N. Metallo, MAE, MBA, JD, Adj. Professor of Business Law, Montclair State University In State v. Ates, 213 N.J. 389 (2014), the...

Same Sex Marriages May Proceed, as Supreme Court Denies Stay Pending Appeal

Today, the Supreme Court issued a unanimous opinion, written by Chief Justice Rabner, denying the State's request to stay the Law Division's ruling that allows same sex marriages in New...

The Supreme Court Rejects "Jury Homework"

State v. Morgan, 217 N.J. 1 (2013). In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division found no bar to a trial judge...

"In But Not Of" (Or Just "Of") is Dispositive of Clash Over COAH

In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing ("COAH") was established as part of the Legislature's response to the...

A Court Cannot Find "Abuse" or "Neglect" of Child Where Mother Used Drugs During Pregnancy But No Harm Resulted to the Child

Division of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013). When A.L. was admitted to the hospital to give birth to her son, A.D., she tested positive for cocaine. The...

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Two Published Appellate Division Decisions in This Short Week

Tomorrow is Independence Day and the courts are closed. Many have taken vacation time in this short week. But not the Appellate Division, which issued two published opinions this week. Here are summaries....

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....