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

Justice LaVecchia Postpones Her Retirement

As discussed here, Justice LaVecchia announced on March 8 that she intended to retire from the Supreme Court as of August 31 of this year. In the ordinary course, that...

The Anniversary of New Jersey's Adoption of the "Heeding Presumption" in Failure to Warn Cases

On this date in 1993, the Supreme Court decided Coffman v. Keene Corp., 133 N.J. 581 (1993). This was a case brought by an asbestos worker. As Justice Handler, writing...

Two From the Supreme Court

Gilbert v. Stewart, ___ N.J. ___ (2021); H.C. Equities, L.P. v. County of Union, ___ N.J. ___ (2021). So far this week, the Supreme Court has issued two opinions, with...

Two for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal....

Listen to My Interview on "The Bold Sidebar" Podcast Here

I previously wrote here about my interview with Jeff Horn on his podcast, "The Bold Sidebar." The podcast covers "all things New Jersey Supreme Court." My interview on the podcast...

The Supreme Court Adds Two More Cases

The Supreme Court announced today that it has granted certification in two more cases. In Sipko v. Koger, Inc., the question presented, as phrased by the Supreme Court Clerk's office,...

Arbitrator's Interpretation of Labor Agreement Was "Reasonably Debatable" and Should Have Been Upheld

Borough of Carteret v. Firefighters Mutual Benevolent Ass'n, Local 67, ___ N.J. ___ (2021). Under longstanding Supreme Court of New Jersey precedent, an arbitrator's interpretation of a labor contract is...

My Interview on "The Bold Sidebar" Podcast

Jeff Horn is an attorney in Toms River. He is the host of a podcast called "The Bold Sidebar." Jeff summarizes the topic of that podcast as "all things New...

At Least for a Day, The Supreme Court is Back in Person

Yesterday, the Supreme Court heard oral argument in State v. Dangcil, a case in which, as discussed here, the Court granted direct certification from the Law Division and accelerated the...

Both a Tax Collector and Her Municipal Employer Can be Liable Under Civil Rights Acts for Improper Refusal to Redeem Property to Avoid Foreclosure

Winberry Realty Partnership v. Borough of Rutherford, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this case.] This case has a long...

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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....