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

Where Purported Forum for Arbitration is Non-Existent, Arbitration Agreement Will Not be Enforced

MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today's case, a...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

62 Years Since Appeal of Pennsylvania R. Co., a Key Case on Leave to Appeal

On this date in 1956, the Supreme Court issued its opinion in In re Pennsylvania R. Co., 20 N.J. 398 (1956). Along with Romano v. Maglio, 41 N.J. Super. 561...

The Supreme Court Grants Review in Five More Cases

The Supreme Court announced that it has granted certification in five more cases. One of those is a land use matter. The other four run the gamut from administrative law...

Judge Michael Patrick King (1935-2017)

Judge Michael Patrick King, one of the longest-serving members of the Appellate Division, died on November 25, as was revealed publicly today here. A graduate of Fordham University and the...

To Resolve an Arbitrability Dispute, Cut the Complaint in Two, the Appellate Division Says

Greenbriar Oceanaire Community Ass'n, Inc. v. U.S. Home Corp., 452 N.J. Super. 340 (App. Div. 2017). [Disclosure: I represent U.S. Home, though not in this case]. In today's decision in...

A Marijuana Case Likely Headed for the Supreme Court

Kadonsky v. Lee, 452 N.J. Super. 198 (App. Div. 2017). In this appeal, plaintiff petitioned the New Jersey Division of Consumer Affairs ("the Division") to have marijuana rescheduled from a...

Municipal Planning and Zoning Boards Lack Power Over State University Development Proposals

Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a...

Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey's Arbitration Cases to Defeat Defendant's Demand for Arbitration

Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

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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....