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

As Summer Nears Its End, the Third Circuit Cranks Out Opinions

This time of the year there are slim pickings in terms of published opinions of the Supreme Court of New Jersey or the Appellate Division. Even unpublished Appellate Division opinions...

The Business Judgment Rule and Planned Residential Communities

Alloco v. Ocean Beach and Bay Club, 456 N.J. Super. 124 (App. Div. 2018). This opinion by Judge Leone focuses on the business judgment rule and its applicability in the...

Back in Action!

Due to travel over most of the past two weeks (and getting "back in the game" once having returned), there have been no posts here. But the courts have been...

Court Rule Amendments Effective on September 1, 2018

The Supreme Court announced late yesterday that it has adopted a number of amendments to the New Jersey Court Rules, effective as of September 1, 2018. The full list of...

The Federal Tort Claims Act Statute of Limitations

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) ("FTCA"), a tort claim against the United States is "forever barred...

Res Ipsa Loquitur and Elevator Doors

McDaid v. Aztec West Condominium Association, 234 N.J. 130 (2018). As Jutice Albin stated in the first two sentences of today's opinion for a unanimous Supreme Court, "Res ipsa loquitur...

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

In Rare Cases, Attorneys' Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that "[a]ttorneys' fees and costs are...

Rice Letters, and Making Meeting Minutes of Public Bodies "Promptly Available," Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018). Yesterday's opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was...

The Common Law Continues to Evolve, and a Tort Duty May Consequently be Expanded

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician ("EMT"), designated as "Kenneth" in today's opinion by Judge Fisher, engaged in an unlawful sexual relationship...

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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....