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

Disbarred Attorneys May Now Apply for Reinstatement After Five Years

Yesterday, the Supreme Court announced a sea change in the law governing attorney disbarments. Ever since In re Wilson, 81 N.J. 451 (1979), disbarment has been permanent. There was no...

An Ex Post Facto/Parole Case for the Supreme Court

The Supreme Court announced that it has granted certification in Krug v. New Jersey State Parole Bd. The question presented, as phrased by the Supreme Court Clerk's office, is "Does...

It's Justice Hoffman Now

As expected, the Senate voted yesterday to confirm John Hoffman, Governor Murphy's nominee to fill the seat vacated by Justice Solomon due to his mandatory retirement, to become an Associate...

John Hoffman, Nominee for the Supreme Court, Clears the Senate Judiciary Committee

As discussed here, Governor Murphy nominated John Hoffman to fill the Supreme Court seat being vacated by Justice Solomon, who reached mandatory retirement this summer. It took until now, over...

The Supreme Court Will Take Up the Jersey City Ward Map Case

The Supreme Court announced today that it has granted certification in Jersey City United Against the New Ward Map v. Jersey City Ward Comm'n. The question presented, as phrased by...

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...

A Cemetery Act Anniversary

It's likely that few of us think much about interment and disinterment of the deceased except when death visits our families or friends. But on this date in 2009, the...

The First Two Supreme Court Grants of Review in the 2024-25 Term

The Supreme Court announced today that it has granted review in two appeals. They are the first grants of review of the current Term. One involves a grant of leave...

Appellate Division Arguments Will be Livestreamed, and Other Related New Procedures

Today is the first day of the 2024-25 Court term. No Supreme Court opinions, and no published Appellate Division decisions, were issued. That is not unusual for the beginning of...

Justice James H. Coleman, Jr. (1933-2024)

Justice James H. Coleman, Jr., the first Black Justice to sit on the Supreme Court of New Jersey, died on August 5 at age 91. This post is very late,...

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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....