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

A Supreme Court Civil Opinion About Appealability, and an Appellate Division Criminal Decision About a Deported Defendant's Failure to Appear at a Pretrial Conference

Brehme v. Irwin, ___ N.J. ___ (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....

Judge Lisa Rose Will Again be Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced today that Judge Lisa Rose will be temporarily assigned to the Appellate Division effective January 2, 2018. Judge Rose, who had been temporarily assigned to the...

Judge Lisa Rose is Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judge Lisa Rose is being temporarily assigned to the Appellate Division, Part A, for the period of September 11-November 19, 2017. As reported here...

"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....