New Jersey Appellate Law Blog

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Mar 17, 2023 by Bruce D. Greenberg

Judge Kay Walcott-Henderson is Temporarily Assigned to the Appellate Division

In an Order dated March 14 but published today, Chief Justice Rabner announced that Judge Kay Walcott-Henderson has been temporarily assigned to the Appellate Division. She has been assigned to Part A, where she will sit from April 3-June 4, 2023, plus “such additional period of time as may be necessary to decide all motions…

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Mar 16, 2023 by Bruce D. Greenberg

A Lesson in Attorneys’ Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., ___ N.J. ___ (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys’ fee award principles of Rendine v. Pantzer, 141 N.J. 292 (1995), and Walker v. Giuffre, 209 N.J. 124 (2012).…

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Mar 14, 2023 by Bruce D. Greenberg

The West Orange Library Site is Not “In Need of Redevelopment”

Malanga v. Township of West Orange, ___ N.J. ___ (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LHRL”), allows a municipality to declare a property “in need of redevelopment” if the property suffers from “obsolescence,” “faulty arrangement,” or “obsolete layout” and as a result is “detrimental to the … welfare of the…

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Mar 13, 2023 by Bruce D. Greenberg

Two Grants of Leave to Appeal, and One Grant of Certification, by the Supreme Court

Supreme Court grants of certification far outnumber grants of leave to appeal. But not this time. The Supreme Court announced two grants of leave to appeal, both in criminal cases, and one grant of certification, arising from a civil case. In both leave to appeal cases, the Court issued a peremptory briefing schedule under which…

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Mar 8, 2023 by Bruce D. Greenberg

Warrantless Search of an Automobile is Improper Unless the Circumstances Giving Rise to Probable Cause Are “Unforeseeable and Spontaneous”

State v. Smart, ___ N.J. ___ (2023). As Justice Fasciale discussed in great detail in his opinion today for a unanimous (5-0, with Justice Solomon and Judge Sabatino not participating) Court, New Jersey has more protective standards for searches and seizures, including automobile searches, than the Supreme Court of the United States has mandated in…

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Mar 7, 2023 by Bruce D. Greenberg

Another “Kind for Kind” Affidavit of Merit Decision

Pfannenstein v. Surrey, ___ N.J. Super. ___ (App. Div. 2023). At least since Buck v. Henry, 207 N.J> 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey’s Patients First Act, N.J.S.A. 2A:53A-37 et seq, (“PFA”), has been held to require that an affidavit of merit (“AOM”) in medical negligence cases normally may…

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Mar 6, 2023 by Bruce D. Greenberg

The Appellate Division Declines to Rewrite N.J.S.A. 39:6A-4.5(b)

Castano v. Augustine, ___ N.J. Super. ___ (App. Div. 2023). N.J.S.A. 39:6A-4.5(b), enacted as part of the reform of New Jersey’s automobile insurance system, states: “Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of…

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Mar 2, 2023 by Bruce D. Greenberg

The Last Half of February in the Appellate Division

This follows up on yesterday’s post about the second half of February in the Supreme Court. Here are summaries of some of the Appellate Division’s published opinions issued in the second half of February: In re Protest of Contract for Retail Pharmacy Design, ___ N.J. Super. ___ (App. Div. 2023). Judge Gilson’s opinion in this…

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Mar 1, 2023 by Bruce D. Greenberg

The Last Half of February in the Supreme Court

Preparation for a big Appellate Division argument at the end of February limited my ability to post for a period of time. But our courts were busy during that time. Here are summaries of two published opinions issued by our Supreme Court in the last half of February. Another post will catch up, at least…

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Feb 14, 2023 by Bruce D. Greenberg

The Senate Confirms Cindy Chung for the Third Circuit

By a 50-44 vote, the United States Senate yesterday confirmed Cindy Chung for a seat on the Third Circuit. Those voting in favor included three Republicans, along with Democrats. Ms. Chung thus becomes the first Asian-American to sit on the Third Circuit. Her background was discussed here. This is the third nomination to the Third…

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