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

Two More Criminal Cases for the Supreme Court

The Supreme Court announced that it will review two more cases. Both are criminal appeals in which the Court granted certification. In State v. McNeil-Thomas, the question presented, as phrased...

The 2018-19 General Assignment Order

Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge...

Judges Mitterhoff, Natali, and Firko Are Promoted to the Appellate Division

Chief Justice Rabner has announced the elevation of three judges to the Appellate Division. Two of them, Judges Firko and Natali, have been serving on temporary assignment to the Appellate...

Appellate Division Retirements (All Non-Mandatory) Are in the Offing

At last night's NJSBA Appellate Practice Committee meeting, it was announced that three judges of the Appellate Division will be retiring shortly. They are Judges Carroll, Leone, and Manahan. Each...

No Attorneys' Fees for Retired Public Employee Who Successfully Sued to Enforce Agency Decision Regarding His Pension

Brunt v. Board of Trustees, Police & Firemen's Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between...

Slightly Different Facts Produce Opposite Results in Two Somewhat Similar Cases

Bowser v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super. 165 (App. Div. 2018); Mattia v. Board of Trustees, Police and Firemens Retirement System, 455 N.J. Super....

Ten Days Until Summer in the Appellate Division

According to the solar calendar, summer formally begins on June 21. But the Appellate Division begins its summer schedule on June 18, as reflected in the summer Part schedule published...

Referring to a Party's Brief Instead of Offering Findings and Conclusions Draws Judge Fuentes's Ire

Estate of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298 (App. Div. 2018). This opinion by Judge Fuentes today is one of the shortest published opinions of the Appellate...

Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...

Judge Fuentes Offers Appellate Practice Tips

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice. Examples of that were discussed here and here. At last...

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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....