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

Some Instruction About How to Apply the 10-Year Construction Statute of Repose to a Multi-Phase Project

State v. Perini Corp., 425 N.J. Super. 62 (App. Div. 2012). N.J.S.A. 2A:14-1.1a establishes a ten-year statute of repose for actions involving alleged deficiencies "in the design, planning, surveying, supervision or construction...

NAACP v. Foulke Management May be Settling

There is word that NAACP v. Foulke Management, 421 N.J. Super. 404 (App. Div. 2011), which the Supreme Court agreed to review, may be settling. The parties have asked the Court to...

Party Lost the Right to Employ an Arbitration Clause by Waiting Too Long to Invoke It

Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates...

DePascale v. New Jersey (Judges' Pension Case) Argued

The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a "Obamacare," has drawn so much attention that it has overshadowed the nearly...

A Welding Business is a "Home Occupation" Under a Broad Ordinance

Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012). Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in...

Supreme Court Will Review Municipal Land Use Conflict of Interest Case

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). The Appellate Division's decision is discussed here. The...

Seton Hall Law School Women's Law Forum Honors Judge Wefing

Tonight, I was privileged to attend an event at which the Seton Hall Law School's Women's Law Forum honored Judge Wefing with its "Women of Substance" award. Approximately 150 people...

Appellate Division Personnel Matters

As of March 16, Judge Carchman reaches mandatory retirement age. With Judge Carchman's consent, Chief Justice Rabner has issued an order recalling him to service on Part F of the...

Shareholder Challenge to Merger Transaction is Defeated

Scheidt v. DRS Technologies, Inc.., 424 N.J. Super. 188 (App. Div. 2012). Plaintiff, a shareholder in defendant DRS Technologies, Inc. ("DRS"), sued the company, its Board of Directors and its General Counsel...

More About the "Name Game"

Holst-Knudsen v. Mikisch, 424 N.J. Super. 590 (App. Div. 2012). In Emma v. Evans, 424 N.J. Super. 36 (App. Div. 2012), a panel of the Appellate Division addressed the issue of a name change...

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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....