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

More on Charter Schools

Education Law Center v. New Jersey State Bd. of Educ., 438 N.J. Super. 108 (App. Div. 2014). In In re Grant of Charters to Merit Preparatory School and Newark Preparatory...

Public Utilities Are Not Exempt From Municipal Regulation

New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas ("NJNG") proposed to remove underground gas regulators located in...

What Does "Annual" Mean?

In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights, 437 N.J. Super. 549 (App. Div. 2014). These consolidated cases called on the Appellate Division to decide whether...

Supreme Court Denies Certification in Blended Charter School Case

The Supreme Court denied certification in In re Grant of Charters to Merit Preparatory School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014). The Appellate Division's decision is...

The Beat Goes On: Another Appellate Division Win for LDG and the City of Hoboken

Bloomfield 206 Corp. v. City of Hoboken, 2014 N.J. Super. Unpub. LEXIS 2175 (App. Div. Sept. 4, 2014). It is not the goal of this blog to publicize the successes of...

Supreme Court Guideline Barring Lawyers From Posting Accurate Quotes From Judges on Law Firm Websites is Invalid

Dwyer v. Cappell, 762 F.3d 275 (3d Cir. 2014). Andrew Dwyer is a lawyer who handles plaintiffs' employment law litigation. Evidently, some judges have said favorable things about him in...

Cardiovascular Claims Under the Workers' Compensation Law

Renner v. AT&T, 218 N.J. 435 (2014). This opinion by a unanimous Supreme Court today, written by Judge Rodriguez, addresses the effect of a 1979 amendment to the Workers' Compensation...

"Common Interest" Doctrine Protects Documents From Disclosure Under OPRA

O'Boyle v. Borough of Longport, 218 N.J. 168 (2014). The "common interest" doctrine permits multiple parties, who are represented by different counsel, to share information without destroying attorney-client privilege. The...

Two Appellate Division Wins for LDG

My firm, Lite DePalma Greenberg, LLC, was successful in two Appellate Division cases within the last few days. Last week, in Villaquiran v. All-State International, Inc., 2014 N.J. Super. Unpub....

Clearing the Way for Pro Bono Assistance to Chapter 7 Bankruptcy Filers

In re Opinion No. 17-2012 of the Advisory Committee on Professional Ethics, 220 N.J. 468 (2014). Chapter 7 bankruptcy is the most common resource of indigent individuals who must file...

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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....