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

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Quinlan v. Curtiss-Wright Corp., 425 N.J. Super. 335 (App. Div. 2012). This is a long-running employment discrimination case that came back to the Appellate Division after a remand by the Supreme Court....

Independent of AT&T v. Concepcion, Arbitration Clauses in Consumer Contract Are Ineffective If They Conflict With Each Other

NAACP of Camden County East v. Foulke Management Corp., 421 N.J. Super. 404 (App. Div. 2011). This consumer class action was the occasion for another typically scholarly opinion by Judge Sabatino. Geraldine...

"Submerged" Forum Selection Clause on Seller's Website is Presumptively Unenforceable

Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection...

"Shall" We? Is it "Necessary"?

In re State Bd. of Education's Denial of Petition to Adopt Regulations Implementing the New Jersey High School Voter Registration Law, 2011 WL 1529734 (App. Div. 2011). Public interest organizations submitted a...

One Plaintiff is a Catalyst for Relief, But Another Plaintiff is Not

Smith v. Hudson County Register, 2011 WL 1529730 (App. Div. April 25, 2011). This opinion, by Judge Sabatino, applied the catalyst doctrine to an Open Public Records Act ("OPRA") case. In Mason...

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...

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The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

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:...