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

Court-Appointed Attorney and Temporary Guardian in "Alleged Incapacitated Person" Case Under Rule 4:86 Have No Right to Fees Against Office of Adult Protective Services

In the Matter of A.D., an Alleged Incapacitated Person, ___ N.J. ___ (2024). This case was an appeal from a decision of the Appellate Division, discussed here, that the Office...

Appellate Division Oral Argument of the Week: Are New Jersey's "Anti-Fusion" Laws, Which Prevent Minor Parties From Cross-Nominating Candidates Also Nominated by a Major Party, Unconstitutional?

Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of...

Judges Vanek and Vinci Are Permanently Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Vinci and Vanek have been permanently assigned to the Appellate Division. They had each been temporarily assigned to that court previously. The Orders making...

Editorial- The 2024 Presidential Election

[Disclosure/disclaimer: As with all posts labeled "Editorial," this post reflects the views only of its author. The views expressed do not purport to represent those of Lite DePalma Greenberg &...

Appellate Division Oral Argument of the Week: The School Ethics Act vs. The First Amendment

Tomorrow, October 29, judges on Part F will hear oral argument in Donnerstag v. Koenig. The appeal is from a decision of the School Ethics Commission. The case arose from...

Appellate Division Oral Argument of the Week: Is It a Design Defect for an Auto Manufacturer Not to Include Available Safety Technology in a Particular Model of Vehicle?

On Tuesday, October 22, judges on Part E will hear oral argument in Berkoski v. Honda Motor Co. Ltd. The briefing on that appeal, which has been taken from the...

Appellate Division Oral Argument of the Week: Can Sea Bright Seek to Withdraw From the Oceanport School District and Join a Different District?

On Tuesday, October 1, judges on Part F will hear oral argument in In the Matter of the Verified Petition for the Proposed Creation of a PK-12 All-Purpose Regional School...

Five New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in five new appeals. Two of those entailed motions for leave to appeal, while the Court granted certification in the other...

Appellate Division Oral Argument of the Week: Did the State Act Ultra Vires in Exercising Supersession Authority to Take Over the City of Paterson Police Department?

On Tuesday, September 24, three judges sitting in Part D of the Appellate Division will hear oral argument in Bulur v. The New Jersey Office of the Attorney General. The...

Returning From the Break- Supreme Court Opinions

While this blog was on an early August break, the Supreme Court was busy, issuing five opinions. Here are summaries: Delaware River Joint Toll Bridge Comm'n v. George Harms Construction...

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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....