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

Justice Alan B. Handler (1931-2024)

Justice Alan B. Handler died on May 23. He was 92 years old. Justice Handler served on the Supreme Court of New Jersey for 22 years, from 1977 through 1999...

This Week in the Supreme Court

It's the time of year when the Supreme Court gets into a higher gear when it comes to issuing opinions. The Court released three decisions this week, all of them...

Cleaning Up From Last Week

Due in part to my attendance at the NJSBA Annual Meeting last week, this blog is somewhat behind on last week's published opinions by the Supreme Court and the Appellate...

Property Owner is Not Liable for Injuries to Dirt Bike Rider Who Did Not Have Permission to Ride on the Property

Callahan v. Tri-Borough Sand & Stone, 478 N.J. Super. 505 (App. Div. 2024). N.J.S.A. 39:3C-18 addresses the liability of property owners when certain types of vehicles are operated on their...

One More New Case for the Supreme Court

The Supreme Court announced that it has granted certification in one more new case. The case is Brehme v. Irwin. The question presented, as phrased by the Supreme Court Clerk's...

Two New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in two new appeals. One matter is before the Court on leave to appeal, while the Court granted certification in the...

Operator of Low-Speed Electric Scooter is Not a "Pedestrian" Entitled to Personal Injury Protection Under the No-Fault Act

Goyco v. Progressive Ins. Co., 257 N.J. 313 (2024). Plaintiff was hit by a car while he was operating a low-speed electric scooter ("LSES"), a Segway Ninebot KickScooter Max. As...

The Wage Payment Law Does Not Override An Independent Contractor Agreement Between A Real Estate Salesperson And A Broker For Whom The Salesperson Works

Kennedy v. Weichert Co., 257 N.J. 290 (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in...

Non-Disparagement Provision in Law Against Discrimination Settlement Agreement Violates Public Policy

Savage v. Township of Neptune, 257 N.J. 204 (2024). N.J.S.A. 10:5-12.8(a) ("section 12.8") is a provision of the New Jersey Law Against Discrimination ("LAD"). Enacted in 2019 during the "#MeToo"...

Another Overbreadth Decision by the Supreme Court

State v. Higginbotham, 257 N.J. 260 (2024). Earlier this week, as discussed here, the Supreme Court unanimously invalidated a portion of a regulation due to its overbreadth, which violated the...

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Four Criminal Law Cases, and a Qui Tam Appeal, for the Supreme Court

The Supreme Court announced today that it has granted review in five new appeals. One of them is before the Court on leave to appeal, while in the others the Court granted certification....

The "Limited Attorney Exemption" of the Debt Adjustment and Credit Counseling Act is Held Unconstitutional as Violative of the Separation of Powers and Void for Vagueness

Anchor Law Firm, PLLC v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2025). The Debt Adjustment and Credit Counseling Act, N.J.S.A. 17:16G-1 et seq. ("DACCA"), prohibits debt adjusters in New Jersey from operating for a profit. There is an exception for attorneys not "principally engaged" (a term not defined in the statute) in debt adjustment. That exception, adopted in a 1986 amendment, replaced a prior version of the DACCA that had exempted all attorneys from its scope....

Appellate Division Oral Argument of the Week: Where a Party Files a Suit Alleged to Violate the UPEPA But Quickly Dismisses It, Can Defendants Then Get Counsel Fees Under the Statute?

On May 15, judges on Part C of the Appellate Division will hear oral argument in Satz v. Keshet Starr. Plaintiff, acting pro se, filed a defamation suit against defendants. Defendants filed an o order to show cause to dismiss the case and for attorneys' fees under the Uniform Public Expression Protection Act, N.J.S.A. 2A:53A-49 et seq. ("UPEPA"). The UPEPA, enacted in 2023, sought to make it more difficult to use the legal system as a weapon to bully individuals into silence by filing what have been known as SLAPP ("strategic lawsuits against public participation") suits....

"Hot Fun in the Summertime": Appellate Division Summer Parts

In an Order available here, Chief Justice Rabner announced the lineup for the Appellate Division's summer Parts. As has been customary, the "summer" runs not between the meteorological start and end dates for summer, nor from Memorial Day to Labor Day, but from June 16 through September 7....