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

(Likely) Coming Soon to the Supreme Court: When Does the Involvement of DNA Evidence Toll the Criminal Statute of Limitations?

State v. Twiggs, 445 N.J. Super. 23 (App. Div. 2016). In this conspiracy to commit robbery case, the Law Division dismissed the indictment because the State began the prosecution beyond...

PERC Cannot Unilaterally Abandon the "Dynamic Status Quo Doctrine"

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016). The Public Employment Relations Commission ("PERC") is a state agency that is charged by the Legislature with implementing...

Attorney General May Not Enforce Subpoenas Related to False Claims Act Case in Which Attorney General Previously Declined to Intervene

In re Enforcement of New Jersey False Claims Act Subpoenas, 444 N.J. Super. 566 (App. Div. 2016). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18...

By What Means Can a Creditor Seize Certificated Securities Held by a Debtor?: A UCC Article 8 Decision

Wolverine Flagship Fund Trading Limited v. American Oriental Bioengineering, Inc., 444 N.J. Super. 530 (App. Div. 2016). This opinion, issued today by Judge St. John, involved the denial of injunctive...

Changes in Alimony Upon the Retirement of the Spouse Who Must Pay It

Landers v. Landers, 444 N.J. Super. 315 (App. Div. 2016). This opinion by Judge Lihotz addresses when alimony can be changed due to the retirement of the spouse obligated to...

Does a Homeowners Insurance Policy That Covers Losses from "Hidden Decay" Protect Against Loss From "Hidden Defects"?

Bardis v. Stinson, 444 N.J. Super. 448 (App. Div. 2016). This insurance coverage matter is a case with an unusual sequence of appellate events. The case was argued before the...

Insurer Under "Claims Made" Policy Issued to Sophisticated Insured Need Not Show Prejudice From Late Notice of Claim in Order to Disclaim Coverage

Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. 189 (2016). Insurance policies normally require insureds to provide timely notice of claims against them to their...

Wrongful Denial of a Trial Adjournment, and Other Flaws, Lead to Reversal of a $2 Million Plaintiff's Verdict

Berkowitz v. Soper, 443 N.J. Super. 391 (App. Div. 2016). In this auto accident case, defendant was unexpectedly hospitalized for a "heart issue" two business days before trial was to...

Berry Unfortunate for Plaintiff, But Slip and Fall Claim Fails

Troupe v. Burlington Coat Factory Warehouse Corp., 443 N.J. Super. 596 (App. Div. 2016). Today, Judge Suter authored her first published opinion for the Appellate Division. While shopping at a...

The Supreme Court Lays Out the Procedures for Cases Under the Grandparent Visitation Statute

Major v. Maguire, 224 N.J. 1 (2016). The Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, permits grandparents to apply for visitation rights with their grandchildren even where the children's parents object. In...

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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....