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

A Busy August for the Supreme Court So Far

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from...

Recreational Marijuana Use, Standing Alone, Cannot be the "Sole or Primary" Basis for Termination of Parental Rights Unless Use Endangers a Child

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights...

A Practical Interpretation of the Statute Banning Concealment or Obscuring Markings on Automobile License Plates

State v. Carter, ___ N.J. ___ (2021); State v. Roman-Rosado, ___ N.J. ___ (2021). These two consolidated appeals, in which Chief Justice Rabner authored a unanimous opinion issued today, dealt...

Three From the Third Circuit

The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a...

Two From the Appellate Division (Both by Judge Hoffman)

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel's...

Two From the Supreme Court

Gilbert v. Stewart, ___ N.J. ___ (2021); H.C. Equities, L.P. v. County of Union, ___ N.J. ___ (2021). So far this week, the Supreme Court has issued two opinions, with...

Two for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal....

Interest on Pension Loan From Teachers' Pension and Annuity Fund That Was Not Charged When Due Cannot be Waived

Zilberberg v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. Siper. ___ (App. Div. 2021). Barbara Zilberg, a former school psychologist, got a pension loan in 2004 from...

My Interview on "The Bold Sidebar" Podcast

Jeff Horn is an attorney in Toms River. He is the host of a podcast called "The Bold Sidebar." Jeff summarizes the topic of that podcast as "all things New...

Governor Murphy's Moratorium on Residential Evictions Does Not Extend to Squatters

Talmadge Village, LLC v. Wilson, ___ N.J. Super. ___ (App. Div. 2021). This short (six-page) opinion by Judge Enright today focuses on the effect of Governor Murphy's Executive Order No....

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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."...