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

The Appellate Division Rejects Ascertainability as a Class Action Criterion, and Changes the Rules for Interlocutory Appeals of Class Certification Decisions

Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of...

Another Step Forward for Electronic Filing in the Appellate Division

Electronic filing in the New Jersey appellate courts has been on the way for several years. Previous steps toward that end were discussed here and here. Today, attorneys and firms...

Motions for Reconsideration, and "Little Used" Statutes Protecting the Priority of Employees' Wages Against Creditors of the Employer

The Pitney Bowes Bank, Inc. v. ABC Caging Fulfillment, 440 N.J. Super. 378 (App. Div. 2015). There are not many published appellate opinions that discuss the rules for levying or...

The Supreme Court Grants Direct Certification in Burgos v. New Jersey, the Public Employee Pension Case

Burgos v. New Jersey is a case that asserts that the State's failure to make the full amortization payment required by statute as part of the State's contribution to the pension...

The Supreme Court Speaks About the Construction Statute of Repose

State v. Perini Corp., 221 N.J. 412 (2015). Three years ago, the Appellate Division issued an opinion that addressed whether the construction statute of repose, N.J.S.A. 2A:14-1.1a, runs from the...

Appellate Division Summer Part Schedule is Announced

Today, in a Notice to the Bar that can be found here, the schedule of summer parts of the Appellate Division was announced. Each pairing of two judges (or, in...

Supreme Court Will Review Hill International, Inc. v. Atlantic City Bd. of Educ.

The Supreme Court announced this morning that it has granted review of the Appellate Division's decision in Hill International, Inc. v. Atlantic City Bd. of Educ., 438 N.J. Super. 562...

Law of the Case Doctrine Does Not Extend From One Party to Another Party Not in Privity

State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law...

History of Domestic Disputes Supports Denial of Gun Permit

In re Appeal of Z.L. From Denial of Firearms Purchaser Identification Card and Handgun Permits, 440 N.J. Super. 351 (App. Div. 2015). Z.L. applied for a firearms purchaser identification card...

Emancipation of a Child Terminates Child Support

Llewelyn v. Shewchuk, 440 N.J. Super. 207 (App. Div. 2015). Orders directing that one parent in a divorce provide payments of child support terminate once the child become emancipated. Yesterday's...

1 2 3 4 5 6 7 8 9 10 11 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110111112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167…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....