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

New Jersey Judiciary Website Updated

The courts are closed today for Martin Luther King, Jr. Day. That may mean that there is some time to check out the recently updated version of the New Jersey...

A Victorious Party Cannot Appeal the Reasons Why He Won

Price v. Hudson Heights Development, LLC, 417 N.J. Super. 462 (App. Div. 2011). The appellant, a frequent objector to development who has also often been successful, pro se, in his objections, won...

The Uses of Unpublished Opinions

Division of Youth & Family Services v. M.D., 417 N.J. Super. 583 (App. Div. 2011). This lengthy opinion by Judge Messano focuses on what information counsel must provide to a defendant who...

The First Triffin Case of 2011

Triffin v. Liccardi Ford, Inc., 417 N.J. Super. 453 (App. Div. 2011). Robert J. Triffin is in the business of "buying dishonored checks and attempting to collect on them," as Judge Reisner's...

Justice Rivera-Soto Will Now Vote (Most of the Time)

Hopewell Valley Citizens Group v. Berwind, 204 N.J. 569 (2011). This was a case focused on whether a citizens group that objected to a development had timely filed a prerogative writ appeal....

If You Don't List it in Your Notice of Appeal … (redux)

Flaherty v. New Jersey, 2011 WL 66990 (App. Div. Jan. 11, 2011). Two months ago, the Appellate Division reminded us, in a case involving a pro se appellant, that an...

"The" vs. "A"

New Jersey Manufacturers Insurance Group/Garrison Lange v. Holger Trucking Corp., 417 N.J. Super. 393 (App. Div. 2011). "N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must...

"Sopranos" Reference Is Not a Hit With the Appellate Division

In re John's Main Auto Body, 2011 WL 51578 (App. Div. Jan. 6, 2011). An auto body business, John's, appealed a determination by the New Jersey Turnpike Authority that John's...

Justice Rivera-Soto Says Farewell

Today, Justice Roberto Rivera-Soto notified Governor Christie that he did not wish to be reappointed to the Supreme Court when his seven-year initial term ends later this year. Justice Rivera-Soto...

Citing Unpublished Rulings? Attach Them!

In re Trusts to be Established in the Matter of the Estate of Margaret A. Flood, Deceased, ___ N.J. Super. ___ (App. Div. 2010). The holding of this case was...

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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....