Appellate Law NJ Blog

Estate of Desir v. Vertus Reversed: Defendant Owed No Duty of Care

Bruce D. Greenberg — Wed, 22 May 2013 22:15:04 +0000

Estate of Desir v. Vertus, ___ N.J. ___ (2013). In this case, which involved the application of premises liability and the rescue doctrine to a tragic shooting death, the Appellate Division reversed the Law Division’s finding that defendant property owner owed no duty to the victim, who had responded to defendant’s request for assistance with “something going on” at his [...]

The Rollout of Electronic Filing in the Appellate Division

Bruce D. Greenberg — Tue, 21 May 2013 10:41:17 +0000

The Supreme Court has issued a Notice to the Bar, available here, that reveals the schedule for the introduction of electronic filing in the Appellate Division. Criminal appeals and motions filed by the Office of the Public Defender, the Office of the Attorney General, and County Prosecutors will be the first to go electronic, in [...]

District Court Can Raise Statute of Limitations Problem Sua Sponte at Initial Conference

Bruce D. Greenberg — Mon, 20 May 2013 11:10:53 +0000

Lassiter v. City of Philadelphia, ___ F.3d ___ (3d Cir. 2013). The initial conference under Federal Rule of Civil Procedure 16 is a time for the court to set a proper course for a case including, in the words of Rule 16, “formulating and simplifying the issues, and eliminating frivolous claims or defenses.” Here, at the [...]

The Invited Error Doctrine

Bruce D. Greenberg — Fri, 17 May 2013 14:54:30 +0000

State v. A.R., ___ N.J. ___ (2013). This blog does not often report on criminal cases. But the attached decision, written by Judge Cuff for a unanimous Supreme Court, highlights the invited error doctrine, an important argument on appellate review that can apply in both the civil and the criminal context. The case itself involved the [...]

A Fine Mess Involving the Designation of Trial Counsel Rule

Bruce D. Greenberg — Tue, 14 May 2013 18:38:15 +0000

Hernandez v. North Jersey Neurosurgical Assocs., 2013 N.J. Super. LEXIS ____ (App. Div. May 14, 2013). This decision, in a medical malpractice case, was designated as not precedential, but perhaps should be reconsidered for publication. It involves the decision of a Presiding Judge of the Law Division to disregard Rule 4:25-4, the designated counsel rule, and require a [...]

More About Notice Under the Municipal Land Use Law

Bruce D. Greenberg — Mon, 13 May 2013 19:18:56 +0000

Northgate Condominium Ass’n, Inc. v. Hillsdale Planning Bd., ___ N.J. ___ (2013). Opponents of land use development applications sometimes contest the adequacy of the notice given by development applicants, as occurred in a recent Appellate Division case. There, the Appellate Division upheld the notice against a claim that it needed to be more specific about [...]

Another Anniversary of the Best Paragraph Ever From the Supreme Court of New Jersey

Bruce D. Greenberg — Mon, 13 May 2013 16:19:20 +0000

Two years ago today, I noted the eloquent words of Justice Pashman in the final paragraph of his opinion for the Court in New Jersey Ass’n for Retarded Citizens v. New Jersey Dep’t of Human Services, 89 N.J. 234 (1982), decided on May 13, 1982, and suggested that they constituted “the most majestic and stirring [...]

The Appellate Division Will Now Strictly Enforce Certain Rules

Bruce D. Greenberg — Fri, 10 May 2013 10:31:26 +0000

In a Notice to the Bar, the Appellate Division has announced that, effective July 1, 2013, the Clerk’s Office will begin “strictly enforcing” various time limitations and page restrictions of the Court Rules. The time provisions at issue include the 45-day period for filing appeals as of right (Rule 2:4-1), the 20-day period for filing motions for leave to appeal (Rule [...]

Recalling the Dawn of Modern Consumer Protection Law

Bruce D. Greenberg — Thu, 09 May 2013 10:47:29 +0000

On this date fifty three years ago, the Supreme Court decided Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 (1960). In a unanimous opinion of over 50 pages, the longest opinion in volume 32 of New Jersey Reports, the Court, speaking through Justice Francis, remade warranty law in favor of the consumer, affirming a jury verdict in favor [...]

The Appellate Division Enforces a Settlement Agreement Between Attorney Litigants

Bruce D. Greenberg — Mon, 06 May 2013 15:37:43 +0000

Wolf v. Galex, 2013 N.J. Super. LEXIS ____ (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate Division]. Plaintiff and defendant were law partners. They broke up their partnership and filed Chancery lawusits against each other. After those suits were filed, the parties [...]