In Harris v. City of Newark, decided on March 30, 2022, the New Jersey Supreme Court reminded attorneys about the strong principle against interlocutory appeals in New Jersey and of the need to avoid piecemeal litigation and appellate review before a matter becomes final. The court concluded that “a trial court’s order rejecting as a matter of law a claim of qualified immunity should not be designated as a final order appealable as of right under Rule 2:2-3(a)….” (Opinion at 3).

Harris deals with the trial court’s denial of defendants’ motion to dismiss part of a complaint filed under the New Jersey Civil Rights Act (CRA) and other claims (although dismissing some of its other CRA and common-law claims). Defendants filed an appeal as of right to the Appellate Division and also moved for leave to appeal from the order which denied their motion to dismiss. The appeal was dismissed by the Appellate Division, and defendants’ motion for leave to appeal was denied, but the Supreme Court granted certification. (The defendants also moved for leave to appeal, but the grant of certification apparently mooted that application). On appeal, plaintiffs argued that “the trial court’s purely legal determination denying [defendants’ motion for summary judgment on grounds of] qualified immunity should be appealable as of right…” (at 7).

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