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

The Division of Taxation Wins in the Supreme Court on an Inheritance Tax Issue

Estate of Van Riper v. Director, Division of Taxation, 241 N.J. 115 (2020). The taxpayers in this case lost their argument, on summary judgment, before the Tax Court and then...

For the Second Day in a Row, the Supreme Court Affirms the Appellate Division on an Opinion Below

New Jersey Land Title Ass'n v. Rone, 241 N.J. 113 (2020). As discussed here, yesterday the Supreme Court affirmed, on the opinion of the Appellate Division, that court's ruling on...

A Per Curiam Affirmance of an Appellate Division Statute of Limitations Decision

The Plastic Surgery Center, P.A. v. Malouf Chevrolet-Cadillac, Inc., 241 N.J. 112 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 564 (App. Div....

Three More Supreme Court Grants of Certification

The Supreme Court announced that it has granted certification in three more cases. Two of them are criminal matters. The third addresses labor and constitutional law issues. The labor appeal...

A "Must Read" Supreme Court Opinion About Attorney Retainer Agreements

Balducci v. Cige, 240 N.J. 574 (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App....

The First Supreme Court Grants of Review in 2020 Are All in Criminal Cases

The Supreme Court announced today that it has granted certification in three cases. All are criminal appeals, one of which involved a published opinion of the Appellate Division. State v....

Where a Tenant is in Sole Possession and Control of a Property, the Landlord Has No Duty to the Tenant's Invitee to Clear Snow and Ice

Shields v. Ramslee Motors, 240 N.J. 479 (2020). The Supreme Court always seems to have a snow and ice removal case on its docket. The latest one resulted in an...

Stays Pending Appeal- Another Anniversary

With relatively rare exceptions, stays pending appeal do not get a lot of attention in published cases. That is because decisions on applications for such stays, by their nature, are...

Plaintiffs Win Against Towing Companies in the Supreme Court, Except on Their TCCWNA Claims

Pisack v. B&C Towing, Inc., 240 N.J. 360 (2020). This matter involved multiple consolidated consumer class actions challenging the fees charged by the defendant towing companies, which towed plaintiffs' vehicles...

Fox Rothschild is Exonerated on Conversion Claim Made by a Non-Client Unknown to the Law Firm

Meisels v. Fox Rothschild LLP, 240 N.J. 286 (2020). Plaintiff was involved in a real estate transaction with a client of defendant Fox Rothschild, Weinstein. An intermediary for plaintiff wired...

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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....