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

Appellate Division Summer Parts

Last Friday, Chief Justice Rabner issued the schedule for Appellate Division summer Parts. That schedule is available here. The schedule covers the period from June 16 through September 7. Each...

Financial Conflicts of Interest in Federal Appeals

A report from the Center for Public Integrity, issued this morning and available at http://www.publicintegrity.org/2014/04/28/14630/federal-judges-plead-guilty, addresses financial conflicts of interest in the United States Courts of Appeal. Both a federal statute and Canon...

If You Settle Your Appeal, You Must Promptly Notify the Appellate Court

Sessner v. Merck Sharp & Dohme Corp., 435 N.J. Super. 347 (App. Div. 2014). "Dilatoriness in … promptly notifying the court that [settlement] has occurred reflects not only a lack...

Supreme Court Civil Practice Committee Report Recommends Changes to the Appellate Rules

The 2014 Report of the Supreme Court Civil Practice Committee has been issued. The Committee has recommended changes to certain appellate rules. Other changes proposed to the Committee were not recommended. The...

Third Circuit Will be Closed Again on Friday, February 14

For the second day in a row, the Third Circuit will be closed tomorrow, February 14. Because Monday, February 17 is Presidents' Day, all deadlines will be extended to February...

The Third Circuit is Closed Tomorrow

The Third Circuit Court of Appeals announced today that, due to the anticipated winter weather, the court will be closed tomorrow, February 13....

Another Step Forward by the Ninth Circuit

The Ninth Circuit Court of Appeals announced today that, beginning next week, it will offer live audio streaming of all oral arguments. That announcement continues the Ninth Circuit's trend of...

Judges Rothstadt and O'Connor Are Elevated to the Appellate Division

Chief Justice Rabner announced today that Judges Garry S. Rothstadt and Amy O'Connor will be elevated to the Appellate Division effective December 16, 2013. Judge Rothstadt is a graduate of...

A Streaming Innovation from the Ninth Circuit

As announced here, beginning next week, the Ninth Circuit Court of Appeals will stream live its en banc oral arguments. The Ninth Circuit conducts many more en banc arguments than...

Two Signed Not-for-Publication Opinions Issued Today

As noted here, it is highly unusual for Appellate Division not-for-publication opinions to be signed, as opposed to being issued per curiam. Today, however, two of the four opinions issued...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161718 19 20 21 22 23 24…Last

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."...