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

An Earthquake in DWI Law?

State v. Cassidy, 235 N.J. 482 (2018). This unanimous opinion by Justice Timpone adopted the extensive opinion of a Special Master, retired Appellate Division Judge Lisa, on the subject of...

The Supreme Court Solicits Amicus Briefs on Additur and Remittitur

The Supreme Court announced the unusual step of soliciting amicus curiae briefs from anyone who might wish to file one in the case of Orientale v. Jennings, an auto accident...

Halloween: A Not-at-All Spooky Anniversary in Defamation Law

On October 31, 1955, the Supreme Court decided Rainier's Dairies v. Raritan Valley Farms, Inc., 19 N.J. 552 (1955). It was a 6-1 decision, with Justice Jacobs writing for the...

Heather Baker Will Become Clerk of the Supreme Court as of November 29

In an Order dated October 16, but released late yesterday, Chief Justice Rabner announced that Heather Baker is being appointed as Clerk of the Supreme Court, effective as of November...

The Supreme Court Will Address "Not Raised Below," and Three Criminal Appeals

The Supreme Court has announced that it has granted certification in three cases, all criminal matters, and that a civil case will be before it on an appeal as of...

A Sunshine Law Anniversary

On October 19, 1977, the Supreme Court decided Polillo v. Deane, 74 N.J. 562 (1977). That decision is still the leading case under the New Jersey Sunshine Law, N.J.S.A. 10:4-6,...

A Split Appellate Division Decision in a Medical Malpractice Case Goes to the Supreme Court

T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a...

The Supreme Court Adds to Its Criminal Docket (Plus a Tort Case)

The Supreme Court announced today that it has granted review in four more cases. Three of those are criminal appeals. The fourth is a tort case relating to a residential...

A Class Action About Towing Charges, and a Mesothelioma Case About Apportionment, Will be Before the Supreme Court

The Supreme Court announced that it has granted leave to appeal in one case and certification in another. Both cases doubtless will be closely watched. The Court granted leave to...

Big Pharma Wins in Another Supreme Court Accutane Decision

In re Accutane Litigation, 235 N.J. 229 (2018). [Disclosure: I argued this appeal, together with co-counsel, on behalf of the plaintiffs. The opinions expressed in this post are mine alone,...

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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....