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

BPU Inaction for 20 Months Results in a Remand for the Agency to Act

In re Verified Petition of Retail Energy Supply Ass'n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public...

A Gym's Claim for Compensation for COVID-19 Closures Under the Governor's Executive Orders Fails

JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because...

Four New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new matters. Two of the cases are civil appeals and two are criminal matters. In East Bay Drywall, LLC...

City of Newark May Impose, and Need Not Negotiate Over, a COVID-19 Vaccine Mandate for City Employees

In re City of Newark and Newark Police Superior Officers Ass'n, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City...

This Week in the Supreme Court

The Supreme Court issued its first three opinions of the new Term this week. Here are summaries of those rulings: Bozzi v. City of Jersey City, ___ N.J. ___ (2021)....

Two Decisions About When Judgments Appealed From Are Final

Appellate Division opinions designated as not for publication do not often address legal issues such as whether and when a judgment under appeal is final. But today, the Appellate Division...

The Importance of Spelling Out Findings and Reasons for Judicial Decisions

In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental...

Interest on Pension Loan From Teachers' Pension and Annuity Fund That Was Not Charged When Due Cannot be Waived

Zilberberg v. Board of Trustees, Teachers' Pension & Annuity Fund, ___ N.J. Siper. ___ (App. Div. 2021). Barbara Zilberg, a former school psychologist, got a pension loan in 2004 from...

Two Rulings in Criminal Cases by the Supreme Court

State v. Szemple, ___ N.J ___ (2021); J.K. v. New Jersey State Parole Bd., ___ N.J. ___ (2021). The Court decided these two criminal appeals in the last two days....

This Week in the Appellate Division

The Appellate Division issued four published opinions this week (two on Monday and two yesterday). Here are summaries of those rulings: Wilhelm v. Ryder Logistics & Transportation Solutions, ___ N.J....

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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....