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

The Supreme Court Takes Up Two Published Appellate Division Cases and a Key Hoboken Land Use Ruling

The Supreme Court announced late yesterday that it has granted certification in three cases. Two of the matters produced published opinions in the Appellate Division. The first of those is...

The Port Authority of New York and New Jersey is Subject to New Jersey Arbitration Statutes

The Port Authority of New York and New Jersey v. The Port Authority of New York and New Jersey Police Benevolent Ass'n, 459 N.J. Super. 278 (App. Div. 2019). Today's...

A Busy Few Weeks for the Appellate Division

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have...

No Surprise: The U.S. Supreme Court Says "Ambiguous" Arbitration Agreements Do Not Permit Class Arbitration

Lamps Plus, Inc. v. Varela, 139 S. Ct. 407 (2019). In Stolt-Nielsen, S.A. v. AnimalFeedsInt'l Corp., 559 U.S. 662 (2010), the Supreme Court of the United States, by a 5-3...

Judge Nugent Reminds Us That Rule 4:23-5's Requirements Must be "Scrupulously Followed and Technically Complied With"

Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019). In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made...

Two More Criminal Cases, and Another Arbitration Case, for the Supreme Court

The Supreme Court announced today that it has granted certification to review three cases. Two of them are criminal appeals. The third is another case involving an arbitration agreement. The...

The Supreme Court Takes on a Lot More Work

Today, the Supreme Court announced that it has granted review in nine more cases. That is many more cases than are usually accepted for review at one time, though it...

The Local Government Ethics Law and Super Storm Sandy

Mondsini v. Local Finance Board, 458 N.J. Super. 290 (App. Div. 2019). This opinion by Judge Messano deals with an issue under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to...

Courts Can Consider Arguments Not Raised Below in Order "To Accomplish a Just Result"

In re Robert Brown, Police Sergeant (PM0622N), City of Salem, 458 N.J. Super. 284 (App. Div. 2019). As discussed here, in general, appellate courts will not review issues that were...

Filing a Criminal Complaint as a Means of Collecting on an Invoice is an Unconscionable Commercial Practice That Warrants Attorneys' Fees Under the Consumer Fraud Act

Jacobs v. Lindsay and Son Plumbing and Heating, Inc., 458 N.J. Super. 194 (App. Div. 2019). The defendant in this appeal, Mark Lindsay and Son Plumbing & Heating, Inc. ("MLSP")...

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A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....

Three Days, Three Published Appellate Division Decisions on Suppression Motions in Criminal Cases

Each of the last three days saw the Appellate Division issue one published opinion in a criminal appeal. Here are summaries of those rulings:...

The Last Seven Days

The last seven days, an especially busy period for me, featured one Supreme Court opinion and two published Appellate Division decisions. Here are summaries of those rulings:...

No Ethics Violation in Attorney Purchasing Another Attorney's Name as a Keyword for Internet Searches, the Supreme Court Says, With a Caveat

In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics, ___ N.J. ___ (2025). [Disclosure: I represented an amicus curiae in this appeal]. As Justice Noriega said in his opinion for a 5-1 majority (Justice Pierre-Louis did not participate), this appeal "presents the narrow question of whether it is permissible under the Rules of Professional Conduct (RPC) for an attorney or law firm to purchase a competing attorney's or law firm's name as a keyword." The Court found it permissible, with a caveat. Justice Fasciale dissented....