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

The Supreme Court Takes Up Two Published Appellate Division Decisions

The Supreme Court announced that it has granted certification in two new cases. Both cases were the subject of published opinions in the Appellate Division. In 257-261 20th Avenue Realty,...

"Illusory Discounts" Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, 256 N.J. 541 (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the...

Alcoholism As a Disability Under the New Jersey Law Against Discrimination: An Anniversary

On this date in 1988, the Supreme Court decided Clowes v. Terminix Int'l, Inc., 109 N.J 575 (1988). The Court's unanimous opinion, written by Justice Clifford, stated that "[t]he principal...

The New Jersey Law Against Discrimination and Emotional Support Animals in Condominiums

Players Place II Condominium Ass'n, Inc. v. K.P., 256 N.J. 472 (2024). This case came to the Supreme Court as of right, due to a dissent in the Appellate Division...

Two New Criminal Cases for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. Both are criminal matters. The first new matter actually comprises two appeals, State v. Nieves and State...

"The Unique Facts of This Case" Lead the Supreme Court to Hold That the Defense Was Properly Required to Produce a Certain Affidavit in Reciprocal Discovery

State v. Knight, 257 N.J. 248 (2024). In this opinion by Justice Pierre-Louis today, a unanimous Supreme Court twice stated that the facts of this case were "unique." That is...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

Three New Supreme Court Grants of Certification

The Supreme Court announced yesterday that it has granted certification in three new matters. One of them is a taxation appeal, a type of matter that does not frequently appear...

The Civil Practice Committee Recommends One Appellate Rule Change

The Supreme Court Civil Practice Committee has issued its 2024 report, which addresses recommended changes to Court Rules as well as Rule change proposals not recommended. The report is available...

The Supreme Court Revises the Character and Fitness Questionnaire for the Committee on Character As Regards Restraining Orders and Title IX Actions

Since the Supreme Court has responsibility for the Committee on Character, and given my own service on and subsequent practice before that Committee, this blog has discussed issues related to...

1 2 3 4 5 6 7 8910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100…Last

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."...