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

65 Years Since In re Plainfield-Union Water Co.

On this date in 1954, the Supreme Court decided In re Plainfield-Union Water Co., 14 N.J. 296 (1954). Along with Handlon v. Town of Belleville, 4 N.J. 99 (1950), discussed...

As 2018 Winds Down, the Supreme Court Adds Six More Cases

The Supreme Court announced that it has granted certification in six more cases as 2018 is coming to a close. As is often the case, the new appeals represent a...

A Banner Day in the Appellate Division for Lite DePalma Greenberg, LLC and Its Clients

Russo v. Friedrich, 2018 WL 4904555 (App. Div. Oct. 10, 2018); City of Newark Public Schools v. OPEIU Local 32, 2018 WL 4905414 (App. Div. Oct. 10, 2018). It's a...

The First Two Supreme Court Grants of Review of the New Term

The Supreme Court announced that it has granted certification in two cases. These are the first grants (Nos. A-1 and A-2) of the current Term. The first appeal is Garden...

"Deemed Adopted" Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency's Imposition of Discipline or Trial Court's Sentencing Decision

In re Hendrickson, 235 N.J. 145 (2018). This first Supreme Court opinion of the current Term is by Justice Albin. The opening paragraphs of his ruling concisely and completely describe...

Unlike Municipal License Fees for Landlords, Municipal Fees to Defray Costs of Inspecting Apartment Units Are Authorized

Cona v. Township of Washington, 456 N.J. Super. 197 (App. Div. 2018). In Timber Glen Phase III, LLC v. Hamilton Tp., 441 N.J. Super. 514 (App. Div. 2015), the Appellate...

A Big (In Every Way) Decision Under the New Jersey Constitution's Legislative Review Clause

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme...

The Supreme Court Takes Up Two More Criminal Cases and a Spill Act Appeal

The Supreme Court announced today that it has granted certification in three more cases. Two of those are criminal appeals, each involving sentencing issues. The third case presents an issue...

A Lesson in Subject Matter Jurisdiction From Judge Greenaway

Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, 897 F.3d 187 (3d Cir. 2018). Transcontinental Gas Pipe Line Company, LLC ("Transco") obtained a certificate of public convenience...

Motor Vehicle Commission Wrongly Sanctioned Car Dealers Without Holding Hearings

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, 234 N.J. 150 (2018). The New Jersey Motor Vehicle Commission ("NJMVC") imposed fines and suspensions on eight car dealers for...

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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....