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

Appellate Oral Arguments in the Time of Coronavirus

As announced here, the Supreme Court of the United States today advised that, "in light of public health concerns," it is postponing oral arguments that had been scheduled for March...

The Third Circuit Improves Its Docket Entry System

To start the new year, the Third Circuit announced that beginning on January 1, 2020, "docket entries listed on the Court's docket will be numbered. All cases opened in 2020...

The Next Third Circuit Judicial Conference Will be May 13-15, 2020 in Philadelphia

The Third Circuit has scheduled the next Third Judicial Conference for May 13-15, 2020 at the Penn's Landing Hilton in Philadelphia. As discussed here, the Court had previously announced a...

See the Appellate Division in Action in Woodbury Next Tuesday

Most Appellate Division oral arguments occur in Trenton, Newark, Morristown, and Hackensack, though in recent years, panels have been sitting regularly in places such as Jersey City, New Brunswick, and...

The U.S. Supreme Court Adopts (and Adapts) a New Jersey Supreme Court Oral Argument Practice

This morning, the first Monday in October, the Supreme Court of the United States gets back in business. The "Guide for Counsel in Cases to be Argued Before the Supreme...

Amendments Proposed to Federal Rules of Appellate Procedure 3 and 42

The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has issued a preliminary draft of amendments to various rules, including Federal Rules of...

Peter Phipps is Confirmed for a Seat on the Third Circuit Court of Appeals

The United States Senate this week confirmed Peter Phipps, who currently sits as a District Judge in the United States District Court for the Western District of Pennsylvania, for a...

Judges Susswein and Enright are Promoted to the Appellate Division

In a development foreshadowed by yesterday's issuance of the 2019-2020 General Assignment Order, the Supreme Court today published two orders dated July 8 that appoint Judges Ronald Susswein and Catherine...

The 2019-2020 General Assignment Order

Chief Justice Rabner has issued the general Assignment Order for 2019-2020. It is available here. As occurs every year, the eight Appellate Division Parts have been reshuffled. But some things...

New Personal Electronic Device Policy Affecting the James A. Byrne U.S. Courthouse

The Eastern District of Pennsylvania has promulgated a new policy regarding cameras and personal electronic devices for all of its courthouses. The new policy, which is embodied in a standing...

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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."...