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

Supreme Court Will Review State v. Heine

The Supreme Court announced this morning that it has granted certification in State v. Heine, 424 N.J. Super. 48 (App. Div. 2012). The Appellate Division's decision is discussed here. The...

No Surprise: Supreme Court Grants Review of In re Plan for the Abolition of the Council on Affordable Housing

In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally...

An Abbott v. Burke Anniversary

In Abbott v. Burke, the long-running saga regarding school funding that began with what is now known as Abbott I, 100 N.J. 269 (1985), and continues today, the Supreme Court...

A Statesman/Chief Justice Enables the Supreme Court to Uphold the Affordable Care Act

National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012). Today, the Supreme Court of the United States voted 5-4 to uphold the constitutionality of the so-called "individual mandate," a centerpiece...

Homeowners Association Cannot Ban Political Signs in Unit Windows

Mazdabrook Commons Homewoners Ass'n v. Khan, 210 N.J. 482 (2012). "The question in this appeal is whether a homeowners' association can prohibit residents from posting political signs in the windows of their...

The U.S. Supreme Court Addresses Strip-Searches

Florence v. Burlington Cty. Freeholder Bd., 132 U.S. 1510 (2012). When a New Jersey case reaches the Supreme Court of the United States, it often seems to turn into a landmark. This case...

The U.S. Supreme Court Takes Up the Health Care Law- Day 3

The third day of oral arguments on the Affordable Care Act was something of an anticlimax. There were two issues. The first was whether, if the "individual mandate" (the requirement that all...

The U.S. Supreme Court Takes Up the Health Care Law- Day 2

Today was the day that the Supreme Court of the United States heard oral argument about the "individual mandate." That is the provision that requires everyone to have health insurance....

DePascale v. New Jersey (Judges' Pension Case) Argued

The oral argument in the Supreme Court of the United States today about the Affordable Care Act, a/k/a "Obamacare," has drawn so much attention that it has overshadowed the nearly...

The U.S. Supreme Court Takes Up the Health Care Law

Today was the first of three days of oral arguments, totaling six hours, on the Affordable Care Act, a/k/a "Obamacare," before the Supreme Court of the United States. The issue...

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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....