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

"Ministerial Exception" That Bars Employment Discrimination Claims by Ministers Employed by Religious Institutions Also Covers Other Claims Related to the Institution's Employment Decision

Hyman v. Rosenbaum Yeshiva of New Jersey, 474 N.J. Super. 561 (App. Div. 2023). As Judge Mitterhoff explained in her opinion for the Appellate Division today, the Free Exercise and...

A Landlord-Tenant Anniversary

On February 6, 1967, the Supreme Court decided Mayfair Fabrics v. Henley, 48 N.J. 483 (1967). In an opinion by Justice Jacobs, the Court unanimously held valid what came to...

Two Insurance-Related Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. Both involve insurance, though in very different ways. And one of the appeals is from a published...

The "Fugitive Disentitlement Doctrine": An Anniversary

On this date in 2002, the Supreme Court decided Matsumoto v. Matsumoto, 171 N.J. 110 (2002). By a 5-2 vote (majority opinion by Justice Long; dissent by Justice Verniero, joined...

Smith & Wesson Fails to Block a Subpoena Issued by the Attorney General Under the Consumer Fraud Act

Platkin v. Smith & Wesson Sales Co., Inc., 474 N.J. Super. 476 (App. Div. 2023). In 2020, the Attorney General's office issued to Smith & Wesson an administrative action subpoena...

A Court, Not the Motor Vehicle Commission, Must Address an Application for Sentencing Credit Related to Installation of an Ignition Interlock Device

State v. Coviello, 252 N.J. 539 (2023). Judge Sabatino's unanimous opinion in this case began by posing the "narrow jurisdictional question" before the Court as "When a portion of a...

Two Opinions Today That Emphasize the Need for "Balancing the Interests"

The "balancing of interests" often finds its way into judicial opinions. That is especially so in difficult cases. Two opinions issued today, one by the Supreme Court and one by...

Justice Wainer Apter's First Opinion

W.S. v. Hildreth, 252 N.J. 506 (2023). This unanimous opinion was Justice Wainer Apter's first. As is traditional for a Justice's first-ever opinion, it was unanimous. As summarized here, this...

Alimony and Parole Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. One involves an issue of alimony. The other addresses conditions on parole. The alimony case is Cardall...

Two Supreme Court Opinions in Criminal Cases

State v. Canfield, 252 N.J. 497 (2023). Today, the Supreme Court unanimously affirmed, in large part, the 137-page opinion of the Appellate Division in this case, which was summarized here....

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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....