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

Bidder for a Public Contract Need Not Provide Home Addresses of Persons Owning More Than 10% of the Bidding Company

Asphalt Paving Systems, Inc. v. The Borough of Stone Harbor, 474 N.J. Super. 56 (App. Div. 2022). This opinion by Judge Fisher today consumed only six pages. The issue was...

Statutory Limit on Removed Municipal Administrator's "Salary" Applies to "Severance"

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution...

A Licensed Practical Nurse is Not a "Licensed Person" Under the Affidavit of Merit Statute

Gilligan v. Junod, ___ N.J. Super. ___ (App. Div. 2022). As Judge Gilson stated in his opinion for the Appellate Division today, this case "present[ed] a question of first impression:...

No Disqualifying Conflict of Interest by Insurance Company-Assigned Counsel in a Workers' Compensation Case

Alam v. Ameribuilt Contractors, 474 N.J. Super. 30 (App. Div. 2022). This was a workers' compensation appeal in which the Law Division had disqualified insurance company-assigned counsel for respondent-appellant Ameribuilt...

"The Future of Court Operations- Updates to In-Person and Virtual Court Events"

Chief Justice Rabner issued an Order titled as above yesterday. The full Order is available here. The Order supersedes the Court's November 18, 2021 Order regarding in-person versus virtual proceedings....

The First Supreme Court Opinion of the Current Term

Dennehy v. East Windsor Regional Bd. of Educ., 252 N.J. 201 (2022). As discussed here, this case involved an injury to a high school field hockey player at an informal...

The First Published Appellate Division Decisions of October

Today, and on two days last week, the Appellate Division issued its first published opinions since September 29. Here are summaries of those decisions. Meyers v. State Health Benefit Commission...

Judge Fisher Returns to the Appellate Division, and Judge Sumners is Named Acting Deputy Presiding Judge for Administration

With the swearing in of newly-confirmed Justices Fasciale and Wainer Apter, there are now six Justices on the Supreme Court. One seat, left vacant when Justice Albin retired this summer,...

Does Criminal Liability for "Bribery in Official and Political Matters" Attach to a Candidate Who is Not an Incumbent and Does Not Win Election? The Supreme Court Will Decide

The Supreme Court announced that it has granted certification in State v. O'Donnell. The question presented, as phrased by the Supreme Court Clerk's office, is "Does N.J.S.A. 2C:27-2, which imposes...

The Twelfth Anniversary of New Jersey Appellate Law Blog

Yesterday, while I was out of action, was the twelfth anniversary of this New Jersey Appellate Law blog. My thanks to the many judges, lawyers, students, and interested laypeople who...

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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....