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

"Pent-Up" Demand for Low and Moderate Income Housing Must be Accounted for as Part of "Present Need"

In re Declaratory Judgment Actions Filed by Various Municipalities, 227 N.J. 508 (2017). In the Appellate Division decision in this case, reported at 446 N.J. Super. 259 (App. Div. 2016),...

Correctional Facility Did Not Improperly Discriminate Against Muslim Officer in Denying Her the Right to Wear Religious Headgear

Tisby v. Camden Cty. Correctional Facility, 448 N.J. Super. 241 (App. Div. 2017). Plaintiff, a corrections officer at the defendant correctional facility("CCCF") since 2002, became a Muslim in 2015. She...

Another Child Abuse and Neglect Case, and a Criminal Case With Constitutional Law Issues, Will be Before the Supreme Court

The Supreme Court announced today that it has granted review in two new cases. The first, New Jersey Division of Child Protection & Permanency v. A.B., is before the Court...

Alter Ego Theory Failed to Sustain Personal Jurisdiction Over Foreign Parent Corporation

FDASmart, Inc. v. Dishman Pharmaceuticals & Chemicals Ltd., 448 N.J. Super. 195 (App. Div. 2016). Plaintiff filed an action for breach of contract against two defendants, Dishman Pharmaceuticals & Chemicals,...

The Supreme Court Will Review a Big Constitutional Law Case, Three Criminal Appeals, and an Insurance Coverage Case

This morning, the Supreme Court announced that it will review five more cases. Three of those are criminal cases, one is an insurance coverage case, and one is a constitutional...

The Legislative Review Clause of the New Jersey Constitution

Communication Workers of America, AFL-CIO v. New Jersey Civil Service Comm'n, 447 N.J. Super. 584 (App. Div. 2016). Article V, section 4, paragraph 6 of the New Jersey Constitution, approved...

The "Tender Years" Hearsay Exception

State of New Jersey in the Interest of A.R., 447 N.J. Super. 485 (App. Div. 2016). Judge Sabatino teaches at Rutgers-Camden Law School. Students there pay to be educated by...

Another New Justice is Launched: Justice Timpone's First Opinion

State v. Bryant, 227 N.J. 60 (2016). As has been noted before, a new Justice's first opinion is customarily a unanimous one in a relatively uncomplicated case. Today, Justice Timpone...

Supreme Court Will Review A Megan's Law Case and Another Criminal Matter

The Supreme Court announced that it has granted review (one on a motion for leave to appeal and one on a petition for certification) in two more criminal cases. In...

Municipal Ban on Digital Billboards is Unconstitutional

E&J Equities v. Franklin Tp. Bd. of Adj. , 226 N.J. 549 (2016). Billboards are not everyone's favorite thing. Many view them as a blot on the landscape (and not...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 222324 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39…Last

"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....