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

Two New Criminal Cases for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. Both are criminal matters. The first new matter actually comprises two appeals, State v. Nieves and State...

"The Unique Facts of This Case" Lead the Supreme Court to Hold That the Defense Was Properly Required to Produce a Certain Affidavit in Reciprocal Discovery

State v. Knight, 257 N.J. 248 (2024). In this opinion by Justice Pierre-Louis today, a unanimous Supreme Court twice stated that the facts of this case were "unique." That is...

Two Statutory Interpretation Decisions: One Involving Discipline of a Tenured Teacher and the Other About Unemployment Tax Payments for Court Reporters

Yesterday, the Supreme Court decided Sanjuan v. School District of West New York, 256 N.J. 369 (2024). There, plaintiff, a long-serving teacher who was also an assistant principal and tenured...

Three New Supreme Court Grants of Certification

The Supreme Court announced yesterday that it has granted certification in three new matters. One of them is a taxation appeal, a type of matter that does not frequently appear...

The Civil Practice Committee Recommends One Appellate Rule Change

The Supreme Court Civil Practice Committee has issued its 2024 report, which addresses recommended changes to Court Rules as well as Rule change proposals not recommended. The report is available...

The Supreme Court Revises the Character and Fitness Questionnaire for the Committee on Character As Regards Restraining Orders and Title IX Actions

Since the Supreme Court has responsibility for the Committee on Character, and given my own service on and subsequent practice before that Committee, this blog has discussed issues related to...

Two Megan's Law Cases for the Supreme Court

The Supreme Court announced today that it has granted certification in two new cases, both involving Megan's Law. The cases, In the Matter of J.A. and In the Matter of...

Policyholder Loses in the Supreme Court on Claims for Business Interruption Insurance Coverage for COVID-19 Losses

AC Ocean Walk, LLC v. American Guarantee & Liability Ins. Co., 256 N.J. 294 (2024). [Disclosure: I was one of the counsel for United Policyholders, an amicus in support of...

Two Supreme Court Rulings in Criminal Appeals

Yesterday and today each saw a decision by the Supreme Court in criminal matters. Today's ruling in State v. Hill, 256 N.J. 266 (2024), authored by Justice Wainer Apter, involved...

A Patient Safety Act Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in Keyworth v. CareOne at Madison Avenue, a matter that actually involves two consolidated cases. The question presented, as...

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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....