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

Five New Supreme Court Grants of Review

The Supreme Court announced that it has granted review in five new appeals. Two of those entailed motions for leave to appeal, while the Court granted certification in the other...

A Cemetery Act Anniversary

It's likely that few of us think much about interment and disinterment of the deceased except when death visits our families or friends. But on this date in 2009, the...

The First Two Supreme Court Grants of Review in the 2024-25 Term

The Supreme Court announced today that it has granted review in two appeals. They are the first grants of review of the current Term. One involves a grant of leave...

Appellate Division Arguments Will be Livestreamed, and Other Related New Procedures

Today is the first day of the 2024-25 Court term. No Supreme Court opinions, and no published Appellate Division decisions, were issued. That is not unusual for the beginning of...

Justice James H. Coleman, Jr. (1933-2024)

Justice James H. Coleman, Jr., the first Black Justice to sit on the Supreme Court of New Jersey, died on August 5 at age 91. This post is very late,...

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...

1 2 3 4 5 678 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101…Last

The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...

The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...