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

A Split Appellate Division Decision About the Charitable Immunity Act: On to the Supreme Court?

Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today's opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act,...

The Final Post of 2017: The Mistaken Imprisonment Act

Watson v. New Jersey Department of Treasury, ___ N.J. Super. ___ (App. Div. 2017). The Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, ("the Act") allows claims for damages by persons...

Advance Disclaimer by Employee of Right to Sue Third Party for Injuries Covered by Workers' Compensation Statutes Violates Public Policy

Vitale v. Schering-Plough Corp., 231 N.J. 234 (2017). Plaintiff was hired as a security guard by a security company. The company required him to agree to waive any claim against...

No Temporary Disability Payments for Unemployed Volunteer Firefighter

Kocanowski v. Bridgewater Tp., 452 N.J. Super. 476 (App. Div. 2017). Plaintiff was a volunteer firefighter in Bridgewater. She slipped on ice while responding to a fire and was injured...

Two "Affirmed on the Opinion Below" Rulings From the Supreme Court

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather...

The Supreme Court Will Decide an Administrative Law Standard of Review Issue and a Ruling Involving PIP Benefits

The Supreme Court announced that it has granted review in two new cases. The first is In re William R. Hendrickson, Jr. The question presented there, as phrased by the...

The Smoke-Free Act Does Not Preempt A Municipal Ordinance Limiting Smoking in Retail Tobacco Establishments

Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (App. Div. 2017). Plaintiffs operated the Cigar Emporium in West Caldwell. In that business, they sell tobacco products, but...

A Marijuana Case Likely Headed for the Supreme Court

Kadonsky v. Lee, 452 N.J. Super. 198 (App. Div. 2017). In this appeal, plaintiff petitioned the New Jersey Division of Consumer Affairs ("the Division") to have marijuana rescheduled from a...

One Win for Plaintiffs and One for Defendants in Companion Class Certification Cases Today

Dugan v. TGI Friday's, Inc., 231 N.J. 24 (2017). In these two closely-watched consumer class action decisions, each of which involved claims regarding defendants' alleged failure to disclose the price...

A Square Conflict in Recent Appellate Division Decisions Regarding the Unemployment Statute

Blake v. Board of Review, 452 N.J. Super. 7 (App. Div. 2017). In McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017), discussed here, a panel of...

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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....