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

A Relatively Rare Exercise of Original Jurisdiction by the Appellate Division

Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017). Rule 2:10-5 authorizes an appellate court to exercise "such original jurisdiction as is necessary to...

Four New Supreme Court Grants of Review: Criminal Law, OPRA, and Self-Critical Analysis Privilege

The Supreme Court announced this morning that it has granted review in four more cases. Two of them address discovery issues, and two involve criminal matters. In Brugaletta v. Garcia,...

A Violation of a Regulation Can be "Knowing" Even if There is No Judicial Decision Saying So at the Time of the Conduct at Issue

Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017). After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to...

"Summertime, Summertime, Sum-, Sum-, Summertime" in the Appellate Division

The Appellate Division schedule of Parts for the period June 19 through September 13 was published today and is available here. As usual, no judge is on duty for more...

An Administrative Regulation, "A Linguistic Morass," is Invalidated as Arbitrary and Capricious

In re N.J.A.C. 12:17-2.1, 450 N.J. Super. 152 (App. Div. 2017). Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare...

Judge Fisher and a "Leviathan of a Case"

Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, 450 N.J. Super. 1 (App. Div. 2017). Judge Fisher often is able to write remarkably concise opinions, as shown (for example) here...

A "Hostile Environment" LAD Claim in a Police Station, a Place of Public Accommodation

Holmes v. Jersey City Police Department, 449 N.J. Super. 600 (App. Div. 2017). Today's decision by Judge Reisner in this case under the Law Against Discrimination, N.J.S.A. 10:5-2 et seq....

The Supreme Court and the Hospital/Horizon OMNIA Two-Tiered Provider Network Dispute

The Supreme Court announced that it has granted review in Saint Peter's University Hospital, Inc. v. Horizon Healthcare Services, Inc. That case, and related litigation involving hospitals and Horizon, has...

A Tour Through the Tort Claims Act With Judge Currier

Patrick v. City of Elizabeth, 449 N.J. Super. 565 (App. Div. 2017). The Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3 ("TCA"), contains numerous immunities and other impediments for plaintiffs who...

Notice of Disapproval of a Residential Real Estate Contract May Now be Given by Facsimile and Electronic Mail

Conley v. Guerrero, 228 N.J. 339 (2017). Today's decision in this case, written by Justice Solomon for a unanimous Court, largely affirmed the ruling of the Appellate Division, reported at...

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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....