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

Grant of Post-Conviction Relief Does Not Constitute "Exoneration" So As To Trigger the Statute of Limitations for a Legal Malpractice Claim

Rogers v. Cape May County Office of the Public Defender, 208 N.J. 414 (2011). Rogers sought to sue his public defender attorney for legal malpractice after Rogers's application for post-conviction relief was...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep't of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) ("the extension statute") extends the normal statute of limitations for environmental...

1968: The Year of the "Discovery Rule"

The Supreme Court of New Jersey decided several cases in 1968 that began the expansion of the discovery rule in New Jersey. On this date, the Court decided Diamond v. New...

Want to Collect a Debt Even Though the Statute of Limitations Has Run? No Problem!

Huertas v. Galaxy Asset Management, 2011 WL 1361568 (3d Cir. April 11, 2011). It may seem strange that someone can lawfully try to collect a debt even after the statute of limitations...

Supreme Court Will Review Case Raising Federal Preemption and Statute of Limitations Issues

The Supreme Court has granted certification to review the decision in Cornett v. Johnson & Johnson, 414 N.J. Super. 365 (App. Div. 2010). [Disclosure: I am co-counsel for plaintiffs in Cornett]. That...

Former Assemblyman Has No Right to Appeal to Appellate Division, But Wins His Appeal There Anyway

Vas v. Roberts, 418 N.J. Super. 509 (App. Div. 2011). Former Assemblyman Joseph Vas was indicted while in office for crimes of public corruption. In response to those indictments, then Assembly Speaker...

"The" vs. "A"

New Jersey Manufacturers Insurance Group/Garrison Lange v. Holger Trucking Corp., 417 N.J. Super. 393 (App. Div. 2011). "N.J.S.A. 39:6A-9.1 requires that an insurer, which has provided personal injury protection (PIP) benefits, must...

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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....