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

Senator Menendez Endorses Judge Shwartz

On Friday, the same day that he held his promised second meeting with Judge Shwartz, Senator Menendez announced that he was now supporting her nomination to the Third Circuit Court...

District Judges Sitting by Designation on Circuit Courts of Appeal

Last week's decision in the Diamond Antitrust case, where an en banc Third Circuit undid a 2-1 panel decision in which a district judge, sitting by designation, was one of the members of...

Jury Homework

State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011). Rule 1:8-8(a) states that a trial court, "in its discretion, may submit a copy of all or part of its instructions to...

Removal of Judges for Misconduct

One of the saddest days for the judicial system is the day that the Supreme Court finds it necessary to remove a judge from his or her judicial office in...

The Appellate Division Denies a Stay Pending Appeal in DePascale

On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State's motion for a stay pending the appeal, now before the Supreme Court on...

Direct Certification of Cases by the Supreme Court, Bypassing the Appellate Division

The Supreme Court's grant last Thursday of direct certification of the judges' pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review....

Supreme Court Grants Direct Certification in DePascale v. New Jersey (Judges' Pension Contribution Case)

Today, the Supreme Court issued an order granting direct certification in DePascale v. New Jersey. The question presented, as summarized by the Supreme Court Clerk's Office, is "as applied to certain justices and judges,...

The Perils of Being a Pro Se Appellant

Barna v. Maldonado, 2011 WL 5244968 (App. Div. Nov. 4, 2011). The two appellants, who were plaintiffs in this case, appeared pro se. In the Law Division, they had won a jury...

Today is the First Anniversary of This New Jersey Appellate Law Blog

One year ago today, this blog began its existence with its very first post. There have been approximately 225 posts since, covering all aspects of New Jersey appellate law and practice, with...

The Rule of Necessity

Judge Feinberg's decision yesterday finding unconstitutional a law that purported to increase the amount that sitting Superior Court judges and Supreme Court Justices must pay toward their pensions and health care has already...

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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....