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

A Statute of Limitations Issue of First Impression in a Privacy Case

Smith v. Datla, 451 N.J. Super. 82 (App. Div. 2017). This opinion by Judge Geiger was his first published opinion since his elevation to the Appellate Division. It involved the...

An LAD Opinion From the Supreme Court in a Disability Discrimination Case

Grande v. Saint Clare's Health System, 230 N.J. 1 (2017). Today's unanimous, scholarly opinion by Justice Solomon, with an equally scholarly concurring opinion by Jsutice LaVecchia, arose from an appeal...

Life Estates in Real Property Are Subject to Principles of Equitable Subrogation

Ocwen Loan Services, LLC v. Quinn, 450 N.J. Super. 393 (App. Div. 2017). The doctrine of equitable subrogation provides that "a refinancing lender whose security turns out to be defective...

A Res Ipsa Loquitur Case for the Supreme Court

The Supreme Court announced today that it has granted review in McDaid v. Aztec West Condominium Association. The question presented in that appeal, as phrased by the Supreme Court Clerk's...

The General Assignment Order for 2017-18

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published. It is available here. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the...

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...

Farewell to the Appellate Division's Civil Pro Bono Program, But ….

Those of us who have handled pro bono appeals in the Appellate Division received notice from that court today that its Civil Pro Bono Program is being suspended. The notice...

A Treatise on Personal Jurisdiction From Judge Lihotz

Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, 450 N.J. Super. 590 (App. Div. 2017). Issues of personal jurisdiction crop up fairly frequently, despite New Jersey's settled principle of applying...

As the Summer Months Begin, the Supreme Court Takes Three More Cases

The Supreme Court announced on Friday that it would review three more cases. One of those is before the Court as of right, due to a dissent in the Appellate...

"Learned Professional" Exception to Consumer Fraud Act Exempts Providers of Ambulance Services

Atlantic Ambulance Corp. v. Cullum, 451 N.J. Super. 247 (App. Div. 2017). In her first published opinion for the Appellate Division since her elevation, Judge Mayer today addressed consolidated putative...

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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....