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

Volunteer Fireman is Not an "Employee" of His Volunteer Fire Company for Purposes of CEPA

Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 ("CEPA") protects "employees who report...

Election Law Enforcement Commission Can Pursue Complaint Against Essex County Executive

New Jersey Election Law Enforcement Commission v. DiVincenzo, 451 N.J. Super. 554 (App. Div. 2017). In 2011, the New Jersey Election Law Commission ("ELEC"), an independent four-member body that enforces...

A 2015 Amendment to the Unemployment Insurance Statute is Construed Favorably to a Claimant

McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017). In general, employees who leave work voluntarily are disqualified from obtaining unemployment benefits. In 2015, the unemployment statute,...

Defendant Who Fails to Timely Serve Notice of Tort Claim Cannot Sue Public Entity for Contribution or Common Law Indemnification

Jones v. Morey's Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort...

The New Jersey False Claims Act Does Not Apply to Claims Made in Connection With State Tax Laws

State ex rel. Campagna v. Post Integrations, Inc., 451 N.J. Super. 276 (App. Div. 2017). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -18 ("NJFCA"), encourages lawsuits by private...

A Big OPRA Opinion From Chief Justice Rabner

North Jersey Media Group, Inc. v. Lyndhurst Tp., 229 N.J. 541 (2017). Due to the amount of administrative duties that attend the office of Chief Justice of the Supreme Court...

Spokeo Again Fails Defendants at the Third Circuit

Susinno v. Work Out World, Inc., 862 F.3d 346 (3d Cir. 2017). Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), discussed here, was a case in which class action defendants...

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017). Beach access has long been an important and controversial issue...

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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....