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

Justice Fasciale Discusses "How Trial Judge Experience Shapes Intermediate Appellate Review of Discretionary Determinations"

For many, most law review articles have little relevance. But a recent article by Justice Fasciale, published in the Seton Hall Law Review at 53 Seton Hall L. Rev. 1043...

The Effect of Supreme Court Dictum

In re Registrant R.H., 475 N.J. Super. 460 (App. Div. 2023). This opinion by Judge Mayer addressed two consolidated Megan's Law cases. In each case, defendants sought to terminate their...

A "Hostile/Warlike" Exclusion in an Insurance Policy Does Not Bar Coverage for a Cyberattack

Merck & Co., Inc. v. Ace American Ins. Co., 475 N.J. Super. 420 (App. Div. 2023). Plaintiff ("Merck") suffered a cyberattack from malware known as NotPetya. An expert for Merck's...

Verizon's Arbitration Agreement "Unenforceable in Its Entirety" Since it is "Permeated by Provisions Which Are Unconscionable and Violative of New Jersey Public Policy"

Achey v. Cellco Partnership, 475 N.J. Super. 446 (App. Div. 2023). New Jersey and federal law favor arbitration, and courts will often enforce arbitration clauses contained in consumer contracts. But...

The Anticipated Catch-Up Post: Two Published Appellate Division Decisions

As indicated here, it was likely that there would be published opinions issued during this blog's holiday break. It turns out that there were two such opinions, both by the...

Discovery of Metadata

Estate of Lasiw v. Pereira, 475 N.J. Super. 378 (App. Div. 2023). Judge Messano's opinion in this medical malpractice case today is a relatively rare example of a published appellate...

2002 Amendment to the Criminal Statute of Limitations Cannot Apply Retroactively to Allow Prosecution of an Offense Allegedly Committed in 1990

State v. Rosado, 475 N.J. Super. 266 (App. Div. 2023). Judge Gilson began his opinion for the Appellate Division in this case today as follows: "This appeal presents a novel...

Willingboro Mall Rule That Settlements in Mediation Must be Reduced to Writing and Signed at the Mediation Applies to Voluntary Mediations as Well as Court-Ordered Ones

Gold Tree Spa, Inc. v. PD Nail Corp., 475 N.J. Super. 240 (App. Div. 2023). In Willingboro Mall, Ltd. v. 240/242 Franklin Ave., LLC, 215 N.J. 242 (2013), the Supreme...

Two Constitutional Law Decisions From the Appellate Division

State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023); In re Appeal of Denial of M.U.'s Application for a Handgun Purchase Permit, 475 N.J. Super. 148 (App. Div. 2023)....

A Lesson in Attorneys' Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., 253 N.J. 191 (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys' fee award principles...

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Sentencing Counsel's Limited Investigation of Defendant's Citizenship Was Not Constitutionally Ineffective in the Circumstances

State v. Hernandez-Peralta, ___ N.J. ___ (2025). Justice Wainer Apter's decision today for a 5-2 Supreme Court majority began by phrasing the issue presented. "In this appeal, we consider whether sentencing counsel was constitutionally ineffective for failing to investigate defendant's citizenship status beyond asking him if he was a United States citizen and receiving an unequivocal ‘yes,' and therefore not advising him that his plea could make him subject to deportation." The majority found, based on the particular facts, that counsel was not constitutionally ineffective, reversing the two lower courts. Justice Noriega, joined by Justice Fasciale, dissented....

The 2025-26 General Assignment Order

Chief Justice Rabner announced the 2025-26 General Assignment Order. It is available here....

New Jersey's Charity Care Program for Hospitals is Not a Per Se Unconstitutional Taking of Property

Englewood Hospital & Medical Center v. State, ___ N.J. ___ (2025). New Jersey has had a charity care program, in one form or another, for 178 years. As Justice Fasciale summarized the current charity care program in his opinion for a unanimous Supreme Court, under the current program "hospitals cannot turn away a patient for inability to pay, N.J.S.A. 26:2H-18.64, and patients who qualify for charity care shall not be billed for services rendered, N.J.A.C. 10:52-11.4. Instead, ‘disproportionate share hospitals' (DSHs), or hospitals that serve a disproportionate number of low-income patients, see N.J.S.A. 26:2H-18.52, receive annual subsidies from the Health Care Subsidy Fund (HCSF) in exchange for providing charity care, see N.J.S.A. 26:2H-18.52, .58, .58d."...

A Municipal Court Administrator is Employed by the Township, Not the Administrative Office of the Courts

Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...