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

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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...

A New Alcotest Case Will (At Some Point) Come Before the Supreme Court

Late this afternoon, the Supreme Court announced that it has granted direct certification in State v. Cunningham. The question presented, as phrased by the Supreme Court Clerk's office, is "Are...

Two Supreme Court Grants of Leave to Appeal: A Miranda Warnings Case and a Consumer Fraud Case

The Supreme Court announced that it has granted leave to appeal in two new cases. In State v. Tiwana, the question presented, as phrased by the Supreme Court Clerk's office...

The Supreme Court Takes Up an Organized Street Crime Case

The Supreme Court announced that it has granted certification in State v. Cooper. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the trial court improperly...

A Search Warrant for a Bullet, and a Dispute Over Whether a Prosecutors' Association is a Public Agency Subject to OPRA, for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. One of those is before the Court on a grant of leave to appeal, while the Court...

A Lesson in Attorneys' Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., 253 N.J. 191 (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys' fee award principles...

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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."...