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

Direct Certification of Cases by the Supreme Court, Bypassing the Appellate Division

The Supreme Court's grant last Thursday of direct certification of the judges' pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review....

Public Notice of Ordinance Rezoning Former General Motors Linden Plant is Held Insufficient

Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in...

A Very Appropriate Case for Election Day, November 8

Since today, November 8, is Election Day, what better case could there be to highlight than In re Contest of November 8, 2005, 192 N.J. 546 (2007)? Not only did that...

Supreme Court Grants Review in Prime Accounting v. Township of Carney's Point

In Prime Accounting Dep't v. Tp. of Carney's Point, 421 N.J. Super. 199 (App. Div. 2011), discussed here, the Appellate Division affirmed the dismissal of a tax appeal complaint for lack...

2010-11 Court Year Statistics

The New Jersey Judiciary has released its 2010-11 court year report. During the past year, according to that report, the Supreme Court of New Jersey received 1,184 petitions for certification....

"Legal Gymnastics" and "Undisclosed Legerdemain" Do Not Help the Defendant in a Consumer Fraud Case

Dugan v. TGI Friday's, 2011 WL 5041391 (App. Div. Oct. 25, 2011). Plaintiff bought a beer at the bar of a TGI Friday's restaurant and was charged $2.00. She then moved...

No Dangerous Condition + Plaintiff's Knowledge of the Condition + No Foreseeability of Harm= No Negligence

D'Alessandro v. Hartzel, 422 N.J. Super. 575 (App. Div. 2011). Every so often, the Appellate Division decides a case involving a "simple negligence" claim. This opinion, by Judge Parrillo, is such a...

A Questionable Consumer Fraud Act Decision

Princeton Healthcare System v. Netsmart New York, Inc., 422 N.J. Super. 467 (App. Div. 2011). This opinion, written by Judge Skillman, involves "a negotiated contract between corporations for the installation and implementation...

Today is the First Anniversary of This New Jersey Appellate Law Blog

One year ago today, this blog began its existence with its very first post. There have been approximately 225 posts since, covering all aspects of New Jersey appellate law and practice, with...

The Rule of Necessity

Judge Feinberg's decision yesterday finding unconstitutional a law that purported to increase the amount that sitting Superior Court judges and Supreme Court Justices must pay toward their pensions and health care has already...

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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....