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

Parties' Stipulation Waived Right to Appeal

In re Odyssey Contracting Corp., ___ F.3d ___ (3d Cir. 2019). Odyssey Contracting Corp. and L&L Painting Co., Inc., were (respectively) a subcontractor and the prime contractor on a project...

No Personal Jurisdiction Over New York Doctor Who Treated New Jersey Patient Only in New York

Pullen v. Galloway, ___ N.J. Super. ___ (App. Div. 2019). This medical malpractice/wrongful death appeal involved the question of whether New Jersey state courts had personal jurisdiction over defendant doctors...

Statutory Plain Language Overcomes Appealing Facts to Preclude Expungement

State v. N.T., ___ N.J. Super. ___ (App. Div. 2019). While at the beach with her three year-old son, N.T. became intoxicated. Having gone into the water with her son...

PTI is Not a "Favorable Disposition" That Enables a Police Officer Suspended for Alleged Criminal Conduct to Recover Back Pay

In the Matter of Clifton Gauthier, Rockaway Tp., ___ N.J. Super. ___ (App. Div. 2019). Clifton Gauthier, a Rockaway Township police officer, was suspended in January 2014, and later indicted,...

Mandatory Minimum Prison Term for Driving With a License Suspended After Multiple DWI's is Constitutional

State v. Pimentel, 461 N.J. Super. 468 (App. Div. 2019). N.J.S.A. 2C:40-26 prohibits driving with a license suspended due to a second or subsequent conviction for driving while intoxicated. The...

"Plaintiff's Attempts to Extend Well-Settled Principles of Insurance Law is Unavailing"

Nesby v. Fleurmond, ___ N.J. Super. ___ (App. Div. 2019). In her opinion for the Appellate Division today, Judge Rose concisely summarized the issue in this appeal. "Distilled to its...

Internet Transactions and Personal Jurisdiction

Jardim v. Overley, ___ N.J. Super. ___ (App. Div. 2019). This opinion yesterday, by Judge Sabatino, applied a venerable doctrine in a new context. As Judge Sabatino put it, the...

Tenure Rights Vindicated in the Supreme Court

Miller v. State Operated School District of the City of Newark, ___ N.J. ___ (2019). Today, in a per curiam opinion, the Supreme Court affirmed, by a 5-2 vote, the...

Public Employee Pension Applications May be Reopened by Beneficiaries, Even if Those Applications Have Not Been Approved

Minsavage v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. ___ (2019). This per curiam opinion addressed the question "whether a widow can modify the retirement application of...

Limits on the Ability of the Director of the Division of Civil Rights to Sue in Superior Court

Sashihara v. Nobel Learning Communities, Inc., ___ N.J. Super. ___ (App. Div. 2019). In this case, M.M. ("Jane"), a child with Down's Syndrome, was enrolled by her parents at a...

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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."...