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

Reversing the Appellate Division, the Supreme Court Adopts the "Ongoing Storm Rule"

Pareja v. Princeton International Properties, ___ N.J. ___ (2021). This 5-2 decision addressed the "ongoing storm rule," which Justice Fernandez-Vina's majority opinion defined as a doctrine "under which a landowner...

Acoli v. Parole Board Returns to the Supreme Court

The Supreme Court announced that it has added Acoli v. New Jersey State Parole Board to its docket. The matter is before the Court due to a dissent in the...

Adverse Employment Action Not Required for Law Against Discrimination Claim

Richter v. Oakland Bd. of Educ., ___ N.J. ___ (2021). Justice LaVecchia wrote the opinion in this important Law Against Discrimination ("LAD") case for a unanimous Court. There were two...

New Supreme Court Appeals Raise Evidence, Workers' Compensation Act, Nominal Damages, and Affidavit of Merit Issues

The Supreme Court announced that it has granted certification in four new matters. As is often the case, they are a varied group. In Lapsley v. Sparta Tp., the question...

The Supreme Court Largely Upholds the Attorney General's Directives Regarding Release of Police Officer Disciplinary Information

In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, ___ N.J. ___ (2021). As discussed in more detail here, the Appellate Division upheld the power of the Attorney...

Another Permutation of "Legal Duty and Tort Liability in a Drunk Driving Context"

Diaz v. Reynoso, ___ N.J. Super. ___ (App. Div. 2021). Near the beginning of his opinion for the Appellate Division today, Judge Sabatino succinctly stated the issue in this case:...

Reconsideration of Final Orders vs. Reconsideration of Interlocutory Orders

Lawson v. Dewar, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Fisher was made on summary disposition, a rare occurrence in our appellate courts. In the first...

A Criminal Appeal as of Right and a "Void as Against Public Policy" Contract Issue for the Supreme Court

The Supreme Court announced that it has taken up two more cases. One of those is a criminal appeal, State v. Clark, which is before the Court as of rights...

The Lodzinski Murder Jury's Guilty Verdict is Affirmed by a 3-3 Supreme Court Vote

State v. Lodzinski, 246 N.J. 331 (2021). As discussed here, this was a highly publicized case, in which a jury found defendant was guilty of the first-degree murder of her...

New Cases for the Supreme Court Involving the Tort Claims Act, Palimony and the Statute of Frauds, the "Three Strikes Law," and the "Ministerial Exception" of the First Amendment

The Supreme Court announced that it has granted certification in four new cases. One of those appeals is from a published opinion of the Appellate Division. The others involve unpublished...

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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....