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

Homeowners Association Cannot Ban Political Signs in Unit Windows

Mazdabrook Commons Homewoners Ass'n v. Khan, 210 N.J. 482 (2012). "The question in this appeal is whether a homeowners' association can prohibit residents from posting political signs in the windows of their...

Supreme Court Will Review State v. Morgan "Jury Homework" Case

In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division ruled that it was not improper to permit jurors to take their written jury...

An Important Anniversary in Matrimonial Law

On this date in 1980, a unanimous Supreme Court decided Lepis v. Lepis, 83 N.J. 139 (1980). In an opinion by Justice Pashman, the Court addressed "the standards and procedures for...

Senate Judiciary Committee Rejects Nomination of Bruce Harris to the Supreme Court

After a lengthy hearing today, the Senate Judiciary Committee voted to reject the nomination of Bruce Harris, the Republican Mayor of Chatham Borough , to a seat on the Supreme Court. The...

A Perplexing Exercise in Interpreting an Administrative Regulation

US Bank, N.A. v. Hough, 210 N.J. 187 (2012). There seems to be infinite room for judges, or Justices, to disagree about how to interpret statutes or regulations. Sometimes, there are differences even...

Wrongful Death Act Claim for Estate Tax Impact of Premature Death May Go Forward

Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented:...

The Supreme Court Corrects Itself

W.J.A. v. D.A., 210 N.J. 229 (2012). On May 16, the Supreme Court issued its per curiam decision in this case, as discussed here. On May 21, without comment, the Court issued...

"Presumed Damages" Doctrine Remains Viable in Defamation Cases Involving Purely Private Plaintiffs

W.J.A. v. D.A., 210 N.J. 229 (2012) (later-issued corrected opinion appears here). The doctrine of "presumed damages" allows plaintiffs in defamation cases to obtain damages even without a showing of actual harm...

JCP&L Can be Liable for Negligent Placement of Electrical Pole

Seals v. County of Morris, 210 N.J. 157 (2012). While driving on a snow-covered road, plaintiffs could not negotiate a curve in the road and struck a JCP&L electrical pole located near the...

Cap on Sick Leave Payments to School Administrators Upheld

New Jersey Ass'n of School Adminstrators v. Schundler, 211 N.J. 535 (2012). This case required the Supreme Court to parse and reconcile an unusually complex scheme of statutes and regulations that dealt...

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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....