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

Reconsideration of Final Orders vs. Reconsideration of Interlocutory Orders

Lawson v. Dewar, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Fisher was made on summary disposition, a rare occurrence in our appellate courts. In the first...

"Those Lazy, Hazy, Crazy Days of Summer"- Appellate Division Summer Parts

The Appellate Division's schedule of summer Parts has been published. It is available here. This year, the "summer" period runs from June 21 through September 12, divided into six two-week...

Employers are Obligated to Reimburse Employees for Medical Marijuana Treatment Reasonably Necessary to Treat Work-Related Injuries

Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was...

Another Mass Tort Case Headed for the Supreme Court?

Hrymoc v. Ethicon, Inc., 467 N.J. Super. 42 (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh...

The Supreme Court Takes Two New Criminal Appeals and Agrees to Answer a Certified Question From the Third Circuit

The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme...

Revised Children in Court Standards are Issued, But Without Change to Appeal-Related Items

The Supreme Court announced Directive # 03-21, available here. That Directive supersedes Directive # 18-17. The new Directive "promulgates a revised set of Children in Court (CIC) standards as approved...

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19...

Thanksgiving in the Time of COVID-19

The year 2020 has been a challenging (to say the least) period of time for many of us, in New Jersey, in the United States, and worldwide. Over 250,000 Americans...

Conservation Easements: An Anniversary

On this date in 1986, the Supreme Court decided Ridgewood v. Bolder Foundation, 104 N.J. 337 (1986). The issue there was "whether a taxpayer may reduce, for real estate tax...

The Anniversary of Baxter v. Fairmont Food Co.

On this date in 1977, the Supreme Court decided Baxter v. Fairmont Food Co., 74 N.J. 588 (1977). The Court's unanimous opinion, written by Chief Justice Hughes, has been cited...

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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....