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

One More Case, An Appeal as of Right, for the Supreme Court

It had been four weeks since the Supreme Court last took up a new case. But now a new appeal, perhaps the final one to reach the Court in the...

A Busy August for the Supreme Court So Far

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

A Practical Interpretation of the Statute Banning Concealment or Obscuring Markings on Automobile License Plates

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

Three From the Third Circuit

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a...

Two From the Appellate Division (Both by Judge Hoffman)

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel's...

At Least for a Day, The Supreme Court is Back in Person

Yesterday, the Supreme Court heard oral argument in State v. Dangcil, a case in which, as discussed here, the Court granted direct certification from the Law Division and accelerated the...

Two Rulings in Criminal Cases by the Supreme Court

State v. Szemple, ___ N.J ___ (2021); J.K. v. New Jersey State Parole Bd., ___ N.J. ___ (2021). The Court decided these two criminal appeals in the last two days....

Despite Commissioner of Education's Failure to Address Segregative Effects of Expansion of Seven Newark Charter Schools, Those Expansions Stand

In re Renewal Application of TEAM Academy Charter School, ___ N.J. ___ (2021). Justice Patterson's decision for a unanimous Supreme Court today addressed whether, when considering the expansion applications of...

The Supreme Court Largely Upholds the Attorney General's Directives Regarding Release of Police Officer Disciplinary Information

In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, ___ N.J. ___ (2021). As discussed in more detail here, the Appellate Division upheld the power of the Attorney...

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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....