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

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk's...

Notice of Tort Claim Against a County Can Validly be Served on the County Clerk

Bryant v. County of Cumberland, 472 N.J. Super. 626 (App. Div. 2022). In what may be the shortest published opinion of the current Term, Judge Fisher today addressed this "matter...

Three Published Appellate Division Decisions

The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, 472 N.J. Super. 536 (App. Div....

Non-Disparagement Agreements Do Not Violate the New Jersey Law Against Discrimination

Savage v. Township of Neptune, 472 N.J. Super. 291 (App. Div. 2022). Judge Haas issued this opinion of the Appellate Division. Plaintiff, a former sergeant with the Neptune Township police,...

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

In a Closely-Watched Case, Sundiata Acoli Wins Parole by a 3-2 Supreme Court Vote

Acoli v. New Jersey State Parole Bd., ___ N.J. ___ (2022). A 2-1 Appellate Division decision, discussed here, upheld the New Jersey State Parole Board's decision to deny parole to...

The Appellate Division in the Second Half of April- A Partial Recap

Until yesterday, when the Supreme Court issued this opinion, the Court did issue any decisions in the time following the last post on this blog on April 13. The Appellate...

Public Bidding Was Required to Select a Redeveloper for the Bergen County Courthouse

Dobco, Inc. v. Bergen County Improvement Authority, ___ N.J. ___ (2022). In its first opinion in several weeks, the Supreme Court today affirmed, in a per curiam opinion substantially for...

Where Did Last Week Go?

Last week was a hectic week. So much so that two particularly significant Appellate Division opinions did not get covered here. Belatedly, here are summaries of those two opinions (shamelessly...

The Supreme Court Takes Up a Redevelopment Law Case and a Child Sexual Abuse Act Case

The Supreme Court announced that it has granted review in two new cases. One of them involved a grant of leave to appeal, while the other is before the Court...

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The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...

The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...