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

Legislature Votes to Place Constitutional Amendment Regarding Judicial Pensions/Healthcare on the November Ballot

Racing to meet an August 2 deadline for putting on the November ballot a proposal to amend the New Jersey Constitution in response to the Supreme Court's decision in DePascale...

A Rarity: A Published Appellate Division Opinion Issued Per Curiam

State v. Palma, 426 N.J. Super. 510 (App. Div. 2012). Just as we do not often see a not-for-publication opinion signed by its author, it is not usual for an opinion issued...

Assigning a Different District Judge on Remand From a Circuit Court of Appeals

In decisions by two different Third Circuit panels today, in two different criminal cases, the court reversed the same District of New Jersey judge and remanded the cases for reassignment...

Electronic Filing is Coming! Electronic Filing is Coming! (In the Appellate Division)

The Third Circuit Court of Appeals and the United States District Court for the District of New Jersey have each had electronic filing for a number of years. Now, the...

Appellate Division Personnel Matters

As of March 16, Judge Carchman reaches mandatory retirement age. With Judge Carchman's consent, Chief Justice Rabner has issued an order recalling him to service on Part F of the...

Unnecessary Supersedeas Bond Legislation

Rules 2:9-5 and 2:9-6 provide that an appellant who seeks a stay of a judgment pending appeal must, ordinarily, post a supersedeas bond or cash deposit "for the satisfaction of the...

Supreme Court Civil Practice Committee Proposes Amendments to Certain Appellate Rules

The Supreme Court's Civil Practice Committee has issued its biannual report on proposed changes to the New Jersey Court Rules. Some of the proposed amendments affect the Part II (Appellate) rules....

Judges May Not Enter Final Judgment and Defer Their Opinions and Reasons Until Later

Ducey v. Ducey, 424 N.J. Super. 80 (App. Div. 2012). After a fourteen-day trial, a Family Part judge entered a judgment of divorce and stated that "the underlying opinion will be sent shortly."...

A Unique Experience Before the Supreme Court of New Jersey

Today, I had the pleasure of arguing an important case involving choice of law, statute of limitations, and federal preemption issues before the Court. But only one Justice, Justice Lavecchia,...

The Third Circuit is Unhappy About Motions for Overlength Briefs

In an order entered yesterday and issued per curiam, on behalf of the entire Third Circuit Court of Appeals, Chief Judge McKee directed that "a three-judge Standing Motions Panel is hereby...

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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."...