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

Stays Pending Appeal

In re Revel AC, Inc., 802 F.3d 558 (3d Cir. 2015). "We seldom focus on how to balance the four factors that determine whether to grant a stay pending appeal...

A Rebuttal on Equitable Mootness

In re Tribune Media Company, 799 F.3d 272 (3d Cir. 2015). Roughly one month ago, Judge Krause authored a powerful concurring opinion in In re One2One Communications, LLC, 805 F.3d...

Judge Shwartz is (Finally!) Confirmed to the Third Circuit Court of Appeals

By a 64-34 vote, the United States Senate today confirmed Magistrate Judge Shwartz to a seat on the Third Circuit Court of Appeals. Despite her undoubted credentials, and as was...

Judge Shwartz Clears the Judiciary Committee (Again)

Earlier today, the Senate Judiciary Committee approved the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals. The vote was 11-7, almost entirely on party...

Judge Shwartz is Renominated to the Third Circuit

Yesterday, President Obama resubmitted the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals, one of 33 judicial renominations (and one of seven Circuit Court renominations)...

Judge Shwartz Clears the Senate Judiciary Committee

Yesterday, the Senate Judiciary Committee voted to approve the nomination of Judge Shwartz to the Third Circuit Court of Appeals. That nomination can now be taken up by the full...

Senator Menendez Endorses Judge Shwartz

On Friday, the same day that he held his promised second meeting with Judge Shwartz, Senator Menendez announced that he was now supporting her nomination to the Third Circuit Court...

Senator Menendez May be Reconsidering as to the Nomination of Judge Shwartz

It is being reported that Senator Menendez has agreed to meet again with Judge Shwartz, in connection with President Obama's nomination of Judge Shwartz to the Third Circuit Court of...

Judge Shwartz's Nomination to the Third Circuit Has Been Stalled

In October, President Obama nominated Judge Shwartz to a seat on the Third Circuit Court of Appeals. Senator Lautenberg promptly hailed that nomination. Senator Menendez did not. Today, major newspapers...

Judge Shwartz Nominated to the Third Circuit

President Obama has nominated Magistrate Judge Patty Shwartz to the Third Circuit Court of Appeals. She would fill the "New Jersey seat" that was created when Judge Barry took senior...

"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....