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

The End of Last Week

Even as many people were throttling back in anticipation of the long holiday weekend that culminated in Christmas day, the Appellate Division issued three published opinions late last week. Here...

Another Short Week, and Another Catch-Up Post

In the past two weeks, an Appellate Division brief and a Supreme Court petition consumed much time. So, in this shortened Thanksgiving week, it's time to catch up on the...

The Limits of the Offer of Judgment Rule

J.P. Electric, Inc. v. LPMG Construction Management, LLC, 477 N.J. Super. 125 (App. Div. 2023). Judge Sabatino frequently writes long, intricate opinions on complex issues. Today, however, he authored the...

"Income" and "Profit" Under the Nonprofit Corporation Act

Breitman v. Atlantis Yacht Club, 477 N.J. Super. 115 (App. Div. 2023). This opinion by Judge Sabatino today involved the redemption of a membership interest in the defendant yacht club...

"Appellate Practice Master Class"

At this past May's Annual Meeting of the New Jersey State Bar Association, I was a panelist for a presentation titled "Appellate Practice Master Class." That session was so well-received...

The First Half of August- Supreme Court Decisions in Civil Cases

Following up on yesterday's post regarding criminal appeals decided by the Supreme Court in the first half of August, this post summarizes the Court's decisions in civil cases during that...

The First Half of August- Supreme Court Decisions in Criminal Cases

Due to a combination of factors, there have been no posts on this blog in the first half of August. This post will begin the catch-up process by summarizing the...

The 2023-24 General Assignment Order

The 2023-24 General Assignment Order has been published and is available here. Judge Sumners remains as Chief Judge and Judge Currier is Deputy Presiding Judge for Administration. There are seven...

"510(k)" Evidence Was Improperly Excluded in Products Liability Matters, Requiring New Trial

Hrymoc v. Ethicon, Inc., 254 N.J. 446 (2023). As explained in more detail here, this was a products liability case involving "pelvic mesh" devices. (Actually, there were two consolidated cases,...

Judge Sabatino Will Return to the Appellate Division

As stated in an Order of Chief Justice Rabner published today and available here, Justice Noriega has been sworn in. With that, Judge Sabatino's temporary assignment to the Supreme Court...

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The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...

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....