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

Senate Bill Would Create Title of "Acting Justice"

By a 22-16 vote, the Senate passed and sent to the Assembly a bill known as S-2515. An identical bill, A-3269, has been introduced in the Assembly. That legislation would...

Cardiovascular Claims Under the Workers' Compensation Law

Renner v. AT&T, 218 N.J. 435 (2014). This opinion by a unanimous Supreme Court today, written by Judge Rodriguez, addresses the effect of a 1979 amendment to the Workers' Compensation...

Judge Rodriguez Leaves the Supreme Court and Announces His Impending Retirement

As announced by the Supreme Court here, Judge Rodriguez will retire as a judge on September 1, 2014. Effective June 19, he has waived continued temporary service on the Supreme...

The Supreme Court Speaks About Evidence Rule 404(b)

State v. Carlucci, 217 N.J. 129 (2014). This is another guest post by Jeffrey A. Shooman, who was then my colleague in the Appellate Practice Group of Lite DePalma Greenberg,...

"Upper Management" Jury Instruction is Required for Punitive Damages Claims Under CEPA

Longo v. Pleasure Productions, Inc., 215 N.J. 48 (2013). A plaintiff under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), can recover punitive damages against an employer, under the doctrine...

Chief Justice Rabner Elevates Judges Rodriguez and Cuff to the Supreme Court

In an Order issued yesterday, Chief Justice Rabner announced the elevation of Judges Rodriguez and Cuff to the Supreme Court effective October 1, 2012. The Chief Justice acted pursuant to...

The "Square Corners" Doctrine

Estate of Taylor v. Director, Div. of Taxation, 422 N.J. Super. 336 (App. Div. 2011). In FMC Stores v. Borough of Morris Plains, 100 N.J. 418 (1985), the Supreme Court announced the...

Justice Rivera-Soto Says Farewell

Today, Justice Roberto Rivera-Soto notified Governor Christie that he did not wish to be reappointed to the Supreme Court when his seven-year initial term ends later this year. Justice Rivera-Soto...

"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....