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

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important...

Senate Bill Would Create Title of "Acting Justice"

By a 22-16 vote, the Senate passed and sent to the Assembly a bill known as S-2515. An identical bill, A-3269, has been introduced in the Assembly. That legislation would...

The Anniversary of Sinclair v. Merck

On this date in 2008, the Supreme Court issued its opinion in Sinclair v. Merck & Co., Inc., 195 N.J. 51 (2008). In that case, a majority of the Court,...

Damages for Defamation, and a Statute of Limitations Issue

NuWave Investment Corp. v. Hyman Beck & Co., 221 N.J. 495 (2015). This short per curiam opinion, issued today, affirmed the ruling of the Appellate Division, which was reported at...

The Anniversary of the Sham Affidavit Doctrine

On May 22, 2002, the Supreme Court decided Shelcusky v. Garjulio, 172 N.J. 185 (2002). That was a personal injury case in which a forklift driver at a plant where...

Under ERISA, "Some Success," Even Via Settlement, Permits an Attorneys' Fee Award

Templin v. Independence Blue Cross, 785 F.3d 861 (3d Cir. 2015). "A party seeking attorney's fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success' on the...

The Anniversary of Plessy v. Ferguson, Another Low Point for the United States Supreme Court

On May 18, 1896, the Supreme Court of the United States decided Plessy v. Ferguson, 163 U.S. 537 (1896). This is another of the Court's "Supreme Mistakes," as voted by...

The Supreme Court Grants Direct Certification in Burgos v. New Jersey, the Public Employee Pension Case

Burgos v. New Jersey is a case that asserts that the State's failure to make the full amortization payment required by statute as part of the State's contribution to the pension...

Burgos v. New Jersey (Public Employee Pension Case) Argued

Today, the Supreme Court of New Jersey heard oral argument in this important case. The procedural history of the case is discussed here. The argument ran from just after 10...

The Supreme Court Speaks About the Construction Statute of Repose

State v. Perini Corp., 221 N.J. 412 (2015). Three years ago, the Appellate Division issued an opinion that addressed whether the construction statute of repose, N.J.S.A. 2A:14-1.1a, runs from the...

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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....