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

A Gender Discrimination Case for the Supreme Court

The Supreme Court announced that it has granted certification in Meade v. Township of Livingston. The question presented in that case, as phrased by the Supreme Court Clerk's office, is...

A Bountiful Harvest for the Supreme Court: Seven New Cases

The Supreme Court announced that it has granted review in seven more cases. One of those, the only civil case, is before the Court on leave to appeal, while the...

Two FDCPA Opinions From Judge Porter

Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by...

Successor Liability (or Non-Liability) on a Commercial Lease

160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were...

The Supreme Court Addresses the Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, ___ N.J. ___ (2021). As discussed here, the Appellate Division issued the first opinion regarding the Pregnant Workers Fairness Act, a component of the New...

The Latest on Equitable Subrogation, From Judge Geiger

New York Mortgage Trust v. Deely, ___ N.J. Super. ___ (App. Div. 2021). Every few years, the Appellate Division publishes an opinion about equitable subrogation. Equitable subrogation, "rooted in principles...

Employment Discrimination Based on an Employee's Youth: An Anniversary

Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme...

Paid "Release Time" for Certain Jersey City Teachers to Handle Union Business Such as Resolving Labor Disputes is Allowed by Statute and is Constitutional

Rozenblit v. Lyles, ___ N.J. ___ (2021). This case involved the question of whether a bargained-for "release time" provision in a collective bargaining agreement between the Jersey City School District...

The Supreme Court Upholds a Big Win for New Jersey Transit

New Jersey Transit Corp. v. Certain Underwriters at Lloyd's London, ___ N.J. ___ (2021). As summarized here, this was an insurance coverage dispute arising out of Superstorm Sandy. New Jersey...

No Affidavit of Merit Needed for Vicarious Liability Claim Based Solely on Actions of Person Not Listed Among "Licensed Persons" by the Affidavit of Merit Statute

Haviland v. Lourdes Medical Center of Burlington County, Inc., 466 N.J. Super. 126 (App. Div. 2021). In her opinion for the Appellate Division in this case today, Judge Rose summed...

1 2 3 4 5 6 7 8 91011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46…Last

"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....

The Supreme Court Confirms That Municipalities Can be Subjected to Sanctions for Frivolous Litigation

Borough of Englewood Cliffs v. Trautner, ___ N.J. ___ (2025). This appeal presented the question of whether municipalities can be liable to pay sanctions for frivolous litigation, under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1 ("the FLS"). In a 5-0 opinion written by Justice Fasciale (Chief Justice Rabner and Justice Hoffman did not participate), the Court affirmed, as modified, the decision of the Appellate Division that upheld the Law Division's imposition of FLS sanctions against the Borough....

The "Castle Doctrine"

State v. Bragg, ___ N.J. ___ (2025). A jury found defendant guilty of twelve charged counts, including attempted murder, kidnapping, aggravated assault, terroristic threats, possession of a weapon for an unlawful purpose, endangering, and two lesser-included offenses of harassment. Some of those charges involved the use of deadly force. Persons may not use deadly force if the can retreat with complete safety. But under the "castle doctrine," an exception to the general rule, a person "is not obliged to retreat from his dwelling, unless he was the initial aggressor." N.J.S.A. 2C:3-4(b)(2)(b)(i). That doctrine derives from the common law....

No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....