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

New Guidelines for Emergent Applications in the Appellate Division

In a Notice to the Bar issued today, which is available here, Judge Messano announced new guidelines for emergent applications in the Appellate Division. Those guidelines will take effect on...

When Can Someone Become an Amicus Curiae (Friend of the Court) on Appeal?

There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to...

Prudent Practitioners Prune Points on Appeal

The point has often been made, including here and here, that appellants' briefs are best off if they focus on the few best arguments available, rather than raising every conceivable...

For Want of a Transcript, An Appellate Issue is Forfeited

Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to "order … a...

Cheating on the Word Limit for Briefs? Your Appeal May be Dismissed

Lawyers, and their clients, often want to file longer appellate briefs than the rules allow, or than judges desire. When the length of appellate briefs was governed by page limits,...

Don't Submit Too Many Letters Citing Supplemental Authorities

Cottillion v. United Refining Co., 781 F.3d 47 (3d Cir. 2015). This opinion by Judge Ambro, issued today, affirmed a summary judgment in favor of plaintiffs and a class in...

A "Fundamental Principle of Corporate Law," and a Warning to Parties to Preserve Motion Papers

Delray Holding, LLC v. Sofia Design & Development, 439 N.J. Super. 502 (App. Div. 2015). Two real estate development entities ("the Sofia Entities") went into bankruptcy and, during bankruptcy proceedings, settled claims...

Proposed Third Circuit Court of Appeals Disciplinary Rules

The Third Circuit has proposed a set of Rules of Attorney Discipline Enforcement for public comment. The text of the proposed rules can be found here. In summary, the proposal...

When Does a Respondent or Appellee Need to File a Notice of Cross-Appeal?

Jennings v. Stephens, ___ U.S. ___ (2015). There is a settled principle that an appellate court may affirm on any basis, even if that basis was not relied on by the trial...

Writing a Persuasive Introductory Statement: A Lesson From Judge Reisner

Moran v. Board of Trustees, Police & Firemen's Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under...

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"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....