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

The New Jersey Civil Rights Act and the Comma Conundrum

Perez v. Zagami, LLC, 218 N.J. 202 (2014), and Cottrell v. Zagami, LLC, 218 N.J. 217 (2014). In these two cases, the Supreme Court addressed the question of whether the...

The State Knowingly Files a "Quixotic" Appeal

State v. Witt, 435 N.J. Super. 608 (App. Div. 2014). Only the Supreme Court of New Jersey can overrule one of its own decisions. But a party who wishes to...

Supreme Court Will Review Kaye v. Rosefielde

On Friday afternoon, the Supreme Court announced that it had granted review in Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). The opinion of the Appellate Division is discussed here....

A Third Party's Consent to a Warrantless Search is Not Constitutionally Valid Where Police Could Have Gotten Consent Directly From Defendant

This is another guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC: State v. Coles, 217 N.J. 467 (2014). Sergeant Zsakhiem James of the Camden Police...

Governor Christie Will Renominate Chief Justice Rabner and Will Nominate Judge Solomon to the Supreme Court as Well

At a press conference that just concluded, Governor Christie announced that he will renominate Chief Justice Rabner to the Supreme Court. The Chief Justice's initial term expires next month. Senate...

Jury Charges on Causation in Medical Malpractice Cases

Komlodi v. Picciano, 217 N.J. 387 (2014). Causation is often a key factor in medical malpractice cases. And jury charges in such cases are, as in all cases, important to...

The Third Circuit Interprets New Jersey's Affidavit of Merit Statute

Nuveen Municipal Trust v. WithumSmith Brown P.C., 752 F.3d 600 (3d Cir. 2014). As discussed here, the Supreme Court of New Jersey has occasionally accepted requests from the the Third Circuit...

Jury Duty for All

In an article available here, today's Star-Ledger reports that Chief Justice Rabner appeared for jury duty yesterday in Essex County Superior Court. AFter watching an orientation video for jurors that featured...

Supreme Court Will Decide on Retroactivity of W.J.A. v. D.A. Defamation Decision

In W.J.A. v. D.A., 210 N.J. 229 (2012), discussed here, the Supreme Court issued an important decision about presumed damages in defamation cases. Now, the Supreme Cout has granted review...

Justice Fernandez-Vina's Maiden Opinion

Hersh v. County of Morris, 217 N.J. 236 (2014). It is traditional for a new Justice's first opinion to be a unanimous, relatively uncontroversial one. Yesterday, Justice Fernandez-Vina issued his...

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The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...

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....