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

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...

Yesterday and Today

The final two days of July saw one Supreme Court opinion and two published opinions by the Appellate Division. Here are summaries: New Jersey Division of Child Protection & Permanency...

The Supreme Court Takes Up Another Compassionate Release Act Case

The Supreme Court announced that it has granted certification in M.R. v. Department of Corrections. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the Compassionate...

Verizon Loses a Tax Case, as the Supreme Court Affirms an Appellate Division Decision for the Reasons the Appellate Division Gave

Verizon New Jersey, Inc. v. Borough of Hopewell, 258 N.J. 255 (2024). This 6-0 per curiam opinion (Justice Fasciale did not participate) affirmed a 78-page opinion by Judge Accurso at...

Referral Fees and Another Affidavit of Merit Case Will be Before the Supreme Court

The Supreme Court has announced that it has granted review in two new matters. One is on a familiar subject: affidavits of merit in professional liability cases. The other involves...

Class Action Waivers Are Enforceable Even Without Accompanying Mandatory Arbitration Clauses

Pace v. Hamilton Cove, 258 N.J. 82 (2024). Class action waivers and mandatory arbitration provisions often appear together in consumer contracts. They are among the tools sellers use to restrict...

Two Megan's Law Decisions by the Supreme Court

In the Matter of Registrant R.H., 258 N.J. 1 (2024); In the Matter of Registrant J.A., 258 N.J. 22 (2024). These decisions, both unanimous, were issued yesterday. Chief Justice Rabner...

A DEP Case With a Constitutional Twist for the Supreme Court

The Supreme Court announced that it has granted certification in In re Appeal of the New Jersey Department of Environmental Protection's September 6, 2022 Denial of Request for Adjudicatory Hearing....

A 3-3 Supreme Court Split Affirms the Appellate Division in Hyman v. Rosenblum Yeshiva of New Jersey

Hyman v. Rosenblum Yeshiva of New Jersey, 258 N.J. 208 (2024). As discussed here, in an opinion reported at 474 N.J. Super. 561 (App. Div. 2023), the Appellate Division affirmed...

An Ineffective Assistance of Counsel Appeal for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in State v. Hernandez-Peralta. The question presented, as phrased by the Supreme Court Clerk's office, is "In this post-conviction...

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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....