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

Poetic Justice?

Mosteller v. Naiman, 416 N.J. Super. 632 (App. Div. 2010). In this decision about the proper way to measure damages for destruction of trees on a property not occupied...

Tea Party Chilled

Committee to Recall Robert Menendez v. Wells, 204 N.J. 79 (2010). This 4-2 decision holding that the federal Constitution invalidates that portion of a New Jersey recall statute that permits...

Dehydrated Peaches

In re R.B., 2010 WL 4340645 (App. Div. Nov. 4, 2010). This opinion quotes a nice turn of phrase regarding the limitations on an appellate court's review of credibility issues:...

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"Nothing to See Here"- No Supreme Court or Published Appellate Division Decisions This Past Week

The final week of the 2024-25 Term was a quiet one. The Supreme Court did not issue any opinions. The Appellate Division published no opinions. As is common, there were not even many unpublished Appellate Division opinions....

A "Time of the Essence" Anniversary

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

The Term's Penultimate Week: Two Published Appellate Division Decisions

The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...

The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...