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

Choice of Applicable Statutes of Limitation Under the Restatement (Second) of Conflicts of Law

Pitcock v. Kasowitz, Benson, Torres & Friedman, LLP, 426 N.J. Super. 582 (App. Div. 2012). This case arose out of a dispute between defendant, a New York law firm with a Newark...

A Rarity: A Published Appellate Division Opinion Issued Per Curiam

State v. Palma, 426 N.J. Super. 510 (App. Div. 2012). Just as we do not often see a not-for-publication opinion signed by its author, it is not usual for an opinion issued...

Supreme Court Grants Review of Perini Decision Involving Construction Statute of Repose

The Supreme Court has granted leave to appeal to review the decision of the Appellate Division in State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012), discussed here. As phrased...

Only the Supreme Court, Not a Lower Court, Can Recognize a New Cause of Action

Filgueiras v. Newark Public Schools, 426 N.J. Super. 449 (App. Div. 2012). This case arose out of the allegedly improper termination of a gym teacher by Newark Public Schools. [Disclosure: My firm,...

Homeowners Association Cannot Ban Political Signs in Unit Windows

Mazdabrook Commons Homewoners Ass'n v. Khan, 210 N.J. 482 (2012). "The question in this appeal is whether a homeowners' association can prohibit residents from posting political signs in the windows of their...

Supreme Court Will Review State v. Morgan "Jury Homework" Case

In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division ruled that it was not improper to permit jurors to take their written jury...

Mass Tort Defendants May Retain as Experts Doctors Who Treated Patient-Plaintiffs, But Those Doctors Cannot be Involved in the Cases of Those Same Patient-Plaintiffs

In re Pelvic Mesh-Gynecare Litig., 426 N.J. Super. 167 (App. Div. 2012). In this mass tort matter involving medical devices that are used to treat pelvic organ prolapse and stress urinary incontinence, the...

Electronic Filing is Coming! Electronic Filing is Coming! (In the Appellate Division)

The Third Circuit Court of Appeals and the United States District Court for the District of New Jersey have each had electronic filing for a number of years. Now, the...

"The Song Remains the Same": There's No Automatic Right to Appeal an Interlocutory Order, and Improper Appeals Will be Dismissed

House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to...

Conflicting Dictionaries II

Taniguchi v. Kan Pacific Saipan, Ltd., 132 S.Ct. 1997 (2012). About seventeen months ago, the Appellate Division had a personal injury protection (PIP) case, Perez v. Farmers Mutual Fire Ins. Co., 417 N.J. Super....

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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....