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

Two Opinions Today That Emphasize the Need for "Balancing the Interests"

The "balancing of interests" often finds its way into judicial opinions. That is especially so in difficult cases. Two opinions issued today, one by the Supreme Court and one by...

Admitted Violation of Defendant's Miranda Rights, Which is Presumed to be Harmful Error, Was Not Harmless in This Case

State v. Wade, 252 N.J. 209 (2022). As Justice Solomon said in his unanimous opinion for the Supreme Court today in this murder case, New Jersey courts "rarely find an...

A Licensed Practical Nurse is Not a "Licensed Person" Under the Affidavit of Merit Statute

Gilligan v. Junod, ___ N.J. Super. ___ (App. Div. 2022). As Judge Gilson stated in his opinion for the Appellate Division today, this case "present[ed] a question of first impression:...

No Disqualifying Conflict of Interest by Insurance Company-Assigned Counsel in a Workers' Compensation Case

Alam v. Ameribuilt Contractors, 474 N.J. Super. 30 (App. Div. 2022). This was a workers' compensation appeal in which the Law Division had disqualified insurance company-assigned counsel for respondent-appellant Ameribuilt...

The Effect of an Amendment to Prong Two of the "Best Interests of the Child" Test in Termination of Parental Rights Proceedings

New Jersey Division of Child Protection & Permanency v. D.C.A., 474 N.J. Super. 11 (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part...

The First Published Appellate Division Decisions of October

Today, and on two days last week, the Appellate Division issued its first published opinions since September 29. Here are summaries of those decisions. Meyers v. State Health Benefit Commission...

The Underinsured Motorist Coverage Requirement of the Transportation Network Company Safety and Regulatory Act Does Not Apply to Food Delivery Services

Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. 2022). Here is how Judge Susswein's opinion for the Appellate Division in this case described the purely legal issue presented. "This...

Two by Judge Accurso: The First Two Published Opinions of the New Term

State v. Alvarez, 473 N.J. Super. 448 (App. Div. 2022); State v. Chau, 473 N.J. Super. 430 (App. Div. 2022). These two opinions, issued today, were both authored by Judge...

The Supreme Court Overrules New Jersey's "New Business" Rule That Barred New Businesses From Seeking Lost Profits Damages

Schwartz v. Menas, 251 N.J. 556 (2022). [Disclosure: I argued this case for the successful plaintiffs, having handled the appeal along with co-counsel, Giovanni DePierro of DePierro Radding]. In 1936,...

Insurance Policy Exclusion Was Clear and Did Not Require a Causal Relationship

Norman International, Inc. v. Admiral Ins. Co., 251 N.J. 538 (2022). This case arose out of an injury to an employee of Home Depot in Nassau County, New York while...

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An Arbitration Case and a Cannabis Land Use Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. One of those is from a published Appellate Division decision, while the other appeal is from an unpublished opinion of a two-judge Appellate Division panel....

Murder Trial Judge Inadequately Addressed Juror Misconduct, Requiring Remand to Determine Whether Jury Was Tainted

State v. Byrd, ___ N.J. ___ (2025). Justice Noriega authored the Court's unanimous opinion in this case today. During the murder trial that led to this appeal, allegations of misconduct by a certain juror, No. 8, surfaced. That juror allegedly conducted outside research, discussed the case with third parties, texted one of the defendants, and expressed an intent to find defendants guilty. The trial judge questioned Juror No. 8, but on appeal from defendants' convictions, the Supreme Court concluded that the trial court's inquiry "was insufficiently tailored to the allegations against the juror, failed to probe into the heart of the allegations, and was therefore inadequate." The Court remanded the case for further proceedings....

Attorney General's Supersession of the Paterson Police Department Was Not Arbitrary, Capricious, or Unreasonable

Bulur v. Office of the Attorney General, ___ N.J. ___ (2025). In 2023, after a fatal shooting by Paterson police officers, the New Jersey Attorney General announced on March 27, 2023 that his office was superseding (that is, taking over responsibility for) the Paterson Police Department. Lawsuits were filed and transferred to the Appellate Division. In an opinion reported at 480 N.J. Super. 395 (App. Div. 2024), and summarized here, the Appellate Division voided the supersession. Today, the Supreme Court reversed in a unanimous opinion by Justice Patterson....

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....