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

More on Charter Schools

Education Law Center v. New Jersey State Bd. of Educ., 438 N.J. Super. 108 (App. Div. 2014). In In re Grant of Charters to Merit Preparatory School and Newark Preparatory...

Veterans Day, and Free Speech

Today is Veterans Day, which currently is made a federal holiday by 5 U.S.C. §6103(a) and a state holiday by N.J.S.A. 36:1-1. The holiday began as Armistice Day, since it was...

Rule 2:6-10, which addresses the format of appellate briefs, states (among other things) that Supreme Court of New Jersey and Appellate Division briefs "shall contain no more than 26 double-spaced lines...

Supreme Court and Appellate Division Fees Will Increase on November 17

In a Notice to the Bar that was published today, the Supreme Court announced that a number of fees in various courts will increase as of November 17, 2014. Of...

Supreme Court Will Review State v. Buckner (Recall Judges Case)

Yesterday, as expected, the Supreme Court announced that an appeal as of right has been filed, and had been accepted by the Supreme Court, in State v. Buckner, 437 N..J....

Full Faith and Credit, and Gun Permits

In re Denial of Application of Winston for a Firearms Purchaser Identification Card, 438 N.J. Super. 1 (App. Div. 2014). George Winston, Jr. applied to the Police Chief in Clifton, New...

Public Utilities Are Not Exempt From Municipal Regulation

New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas ("NJNG") proposed to remove underground gas regulators located in...

What if They Passed a Statute and Neither Side Complied With It?

Manhattan Trailer Park Homeowners Ass'n, Inc. v. Manhattan Trailer Court & Trailer Sales, Inc., 438 N.J. Super. 185 (App. Div. 2014). The Mobile Home Protection Act, N.J.S.A. 46:8C-2 to -21,...

Transferring Landlord-Tenant Cases to the Law Division

Benjoray, Inc. v. Academy House Child Development Center, 437 N.J. Super. 481 (App. Div. 2014). In general, landlord-tenant cases are intended to proceed in the Special Civil Part. The presumption...

What Does "Annual" Mean?

In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights, 437 N.J. Super. 549 (App. Div. 2014). These consolidated cases called on the Appellate Division to decide whether...

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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....