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

Another Short Week, and Another Catch-Up Post

In the past two weeks, an Appellate Division brief and a Supreme Court petition consumed much time. So, in this shortened Thanksgiving week, it's time to catch up on the...

Three New Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. All are from unpublished opinions of the Appellate Division. In Constructural Dynamics, Inc. v. Arch Insurance Co.,...

Expert Testimony That Shaking Alone Can Cause the Injuries Associated With "Shaken Baby Syndrome" is Insufficiently Reliable to be Admissible at Trial

State v. Nieves, 476 N.J. Super. 609 (App. Div. 2023). This was a monumental opinion by Judge Gooden Brown in two consolidated cases. The issue was "the scientific reliability of...

Judges Vanek and Vinci Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Christine Vanek and Robert Vinci are being temporarily assigned to the Appellate Division for the period of October 2- December 1, 2023. Judge Vanek...

"Appellate Practice Master Class"

At this past May's Annual Meeting of the New Jersey State Bar Association, I was a panelist for a presentation titled "Appellate Practice Master Class." That session was so well-received...

The 2023-24 General Assignment Order

The 2023-24 General Assignment Order has been published and is available here. Judge Sumners remains as Chief Judge and Judge Currier is Deputy Presiding Judge for Administration. There are seven...

Judges Chase, Perez Friscia, and Walcott-Henderson Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Chase, Perez Friscia, and Walcott-Henderson have been temporarily assigned to the Appellate Division, effective August 1, 2023. The Orders appointing each of them are...

Two Arbitration-Related Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new appeals. Those cases each involve arbitration, though in differing respects. In County of Passaic v. Horizon Healthcare Services...

Justice Fasciale Discusses "How Trial Judge Experience Shapes Intermediate Appellate Review of Discretionary Determinations"

For many, most law review articles have little relevance. But a recent article by Justice Fasciale, published in the Seton Hall Law Review at 53 Seton Hall L. Rev. 1043...

The Third Circuit Moves Its Filing Deadline From Midnight to 5 PM

As discussed here, the Third Circuit proposed earlier this year to amend its Local Appellate Rules to provide that papers received by the Clerk's office after 5 PM Eastern time...

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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....