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

The Limitations Period for PIP Benefits Appeals From Decisions of Dispute Resolution Professionals

Personal Service Ins. Co. v. Relievus, 455 N.J. Super. 508 (App. Div. 2018). This opinion, issued by Judge Sumners today for a unanimous panel, concerned "whether a Law Division summary...

The Federal Tort Claims Act Statute of Limitations

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) ("FTCA"), a tort claim against the United States is "forever barred...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

The TCCWNA and Towing Companies

Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

OPRA Requires Disclosure of the Names of Successful Bidders at Public Auctions of Government Property

Brennan v. Bergen County Prosecutor's Office, 233 N.J. 330 (2018). This opinion by Chief Justice Rabner, for a unanimous Supreme Court, addressed an issue that arose under the Open Public...

OPRA Requestor Rights are Not Limited to Citizens of New Jersey

Scheeler v. Atlantic County Municipal Joint Insurance Fund, 454 N.J. Super. 621 (App. Div. 2018). This opinion by Judge Reisner was yet another case (actually, consolidated cases, which reached different...

When Does the FDCPA Statute of Limitations Begin to Run? The Circuit Courts Now Disagree.

Rotkiske v. Klemm, 890 F.3d 422 (3d Cir. 2018). The Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. ("FDCPA"), states that an action to enforce liability thereunder may...

Unemployment Benefits, Suppression of Evidence, and the Alleged Improper Exercise of Peremptory Challenges Based on Race Come Before the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, Blake v. Board of Review, was discussed here. Since the Court had previously granted review...

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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....

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

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....