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

Thirteen Years Since Perez v. Rent-A-Center

On March 15, 2006, the Supreme Court decided Perez v. Rent-A-Center, 186 N.J. 188 (2006). By a 6-1 vote, with Justice Rivera-Soto issuing a partial dissent, the Court held in...

Filing a Criminal Complaint as a Means of Collecting on an Invoice is an Unconscionable Commercial Practice That Warrants Attorneys' Fees Under the Consumer Fraud Act

Jacobs v. Lindsay and Son Plumbing and Heating, Inc., 458 N.J. Super. 194 (App. Div. 2019). The defendant in this appeal, Mark Lindsay and Son Plumbing & Heating, Inc. ("MLSP")...

After a Lull, The Supreme Court Grants Review in Six Cases

It had been nearly one month, since January 18, 2019, since the Supreme Court last added cases to its docket. However, the Court has now announced grants of certification in...

Fee for Filing Documents Electronically in a County Register's Office Was Not Authorized by Statute or Otherwise

New Jersey Land Title Association v. Rone, 458 N.J. Super. 120 (App. Div. 2019). May a County Register or Clerk charge a surcharge or convenience fee when a document is...

A New Test for Defining "Merchandise" Under the Consumer Fraud Act

All the Way Towing, LLC v. Bucks County International, Inc., 236 N.J. 431 (2019). Plaintiffs (an individual and his company, treated as one plaintiff here) purchased a customized tow truck...

The Supreme Court Grants Certification in Five Cases

Late last Friday, the Supreme Court announced that it has granted certification in five more cases. There are four civil appeals and one criminal matter. The criminal case is actually...

Judicial Estoppel Applies in Spill Act Cases

Terranova v. General Electric Pension Trust, 457 N.J. Super. 404 (App. Div. 2019). Judge Moynihan's opinion in this New Jersey Spill Compensation and Control Act case today addresses whether the...

As 2018 Winds Down, the Supreme Court Adds Six More Cases

The Supreme Court announced that it has granted certification in six more cases as 2018 is coming to a close. As is often the case, the new appeals represent a...

The 1,500th Post- Making up a December Deficit

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...

Fox Rothschild Case, and Two Criminal Appeals, Come to the Supreme Court

The Supreme Court announced that it has granted certification in three cases. Two of them are criminal matters. The third involves a claim against the Fox Rothschild law firm on...

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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....