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

Justice Fernandez-Vina Gets Tenure Approval From the Senate Judiciary Committee

Governor Murphy's nomination of Justice Fernandez-Vina for tenure on the Supreme Court until age 70 got a unanimous endorsement from the Senate Judiciary Committee last Thursday. Senators had only positive...

The Anniversary of Baxter v. Fairmont Food Co.

On this date in 1977, the Supreme Court decided Baxter v. Fairmont Food Co., 74 N.J. 588 (1977). The Court's unanimous opinion, written by Chief Justice Hughes, has been cited...

Editorial: The 2020 Presidential Election

This is a non-partisan blog. It has thus, for example, featured endorsements of both Republican and Democratic nominees to the Supreme Court of New Jersey. And, as noted in this...

No Immediate Supreme Court Review of Challenge to COVID-19 Criminal Jury Trial Procedures, But Direct Certification After Trial Looks Likely

As described in an Order of Disposition of Emergent Application in State v. Dangcil, the Supreme Court was presented with a motion "seeking leave to appeal from the judgment o...

Two Grants of Certification and a Solicitation for Amicus Briefs by the Supreme Court

All New Jersey state and federal courts are closed today for Columbus Day. But late last Friday, the Supreme Court announced that it had granted review in two more criminal...

Supreme Court of New Jersey Year in Review- 2019-2020

The Appellate Division issues, annually, reports of statistics regarding its previous court year, such as this one. The Supreme Court, to my knowledge, does not, though a few figures appear...

A Kidnapping Sentencing Case for the Supreme Court

The Supreme Court announced that it has granted certification in State v. Paden-Battle. The question presented in that case, as phrased by the Supreme Court Clerk's office, is "Did the...

Three Grants of Leave to Appeal, and a Total of Five New Cases for the Supreme Court

Supreme Court grants of leave to appeal are infrequent, but the Court's latest wave of five new cases taken up for review includes three appeals on leave. All of those...

A Sentencing Appeal for the Supreme Court

The Supreme Court rarely takes up sentencing appeals. But the Court announced that it has done just that in State v. Rivera. The question presented, as phrased by the Supreme...

Underage Adult Host Can be Liable for Acts of Underage Guests Who Consume Alcohol at the Host's Home

Estate of Narleski v. Gomes, 244 N.J. 199 (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: "Under our...

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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....