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....
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....
It's time to catch up with the courts again. Last week, the Supreme Court issued two opinions, while the Appellate Division published one decision. Here are summaries:...
In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics, __ N.J. ___ (2025). Rule 1:39-6(d) creates an exception to the general principle, embodied in Rules of Professional Conduct ("RPC") 7.2(c) and 7.3(d), that New Jersey attorneys may not pay referral fees, with only limited exceptions. The exception in Rule 1:39-6(d) permits only attorneys who have satisfied the requirements of becoming certified by the Supreme Court in a particular area of practice to pay referral fees....
With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...
Chief Justice Rabner announced that Judge Accurso has been assigned to the Appellate Division's Part C for the period of September 1, 2024-October 31, 2024. The relevant Order is here....
In the Matter of Registrant R.H., 258 N.J. 1 (2024); In the Matter of Registrant J.A., 258 N.J. 22 (2024). These decisions, both unanimous, were issued yesterday. Chief Justice Rabner...
A 3-3 Supreme Court Split Affirms the Appellate Division in Hyman v. Rosenblum Yeshiva of New Jersey
Hyman v. Rosenblum Yeshiva of New Jersey, 258 N.J. 208 (2024). As discussed here, in an opinion reported at 474 N.J. Super. 561 (App. Div. 2023), the Appellate Division affirmed...
In the latter part of last week, the Supreme Court issued its first ruling of the month of June. The Appellate Division came down with only its second published opinion...
Usachenok v. State of New Jersey, Department of the Treasury, 257 N.J. 184 (2024). N.J.A.C. 4A:7-3.1(j) is a regulation intended "to protect the integrity of the investigation [of harassment or...