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

School Board Has No Duty to Notify Tenured Full-Time Teachers Who Seek to Move to Part-Time That They May Lose Tenure Rights, But Boards are "Encourage[d]" To Do So

Parsells v. Somerville Bd. of Educ., 254 N.J. 152 (2023). Justice Fasciale wrote the Court's unanimous opinion in this case today. Plaintiff lost on the legal issue that prompted the...

Resolution of the "Borrowed Employee" Issue under Galvao v. G.R. Robert Construction Co. is For the Jury, Not a Judge

Pantano v. New York Shipping Ass'n, 254 N.J. 101 (2023). Judge Sabatino wrote this 6-0 opinion, which involved "the application of the multi-factor test [the Court] announced in Galvao v....

The Status of Real Estate Salespeople, and an Encore Sexual Assualt Survivor Protection Act Case, for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. In Kennedy v. Weichert Co., where the Court granted leave to appeal, the question presented, as phrased...

The Anniversary of the Abrogation of Interspousal Tort Immunity: Merenoff v. Merenoff

On June 1, 1978, the Supreme Court decided Merenoff v. Merenoff, 76 N.J. 535 (1978). Involving two cases, Justice Handler's unanimous opinion for the Supreme Court addressed "the issue of...

Two Arbitration-Related Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. Those cases each involve arbitration, though in differing respects. In County of Passaic v. Horizon Healthcare Services...

When You're Not Reading This Blog …

Joe Fischetti is an attorney who practiced at one of New Jersey's largest private firms for a number of years. More recently, he moved to an in-house position in the...

An "Unclean Hands" Anniversary

On May 16, 1949, the Supreme Court decided A. Hollander & Son, Inc. v. Imperial Fur Blending Corp., 2 N.J. 235 (1949). A unanimous opinion by Justice Wachenfeld, the decision...

Governor Murphy Nominates Michael Noriega to the Supreme Court

Today, Governor Murphy announced his nomination of Michael Noriega to the Supreme Court. He would fill the seat that was vacated when Justice Albin reached the mandatory retirement age of...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Here they are: In Usachenok v. State of New Jersey, Dep't of the Treasury, the question presented,...

A "Reciprocal Discovery" Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in State v. Knight. The question presented, as phrased by the Supreme Court Clerk's office, is "Where a witness...

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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....