NJ Appellate Law Blog

Verizon's Arbitration Agreement "Unenforceable in Its Entirety" Since it is "Permeated by Provisions Which Are Unconscionable and Violative of New Jersey Public Policy"

Achey v. Cellco Partnership, 475 N.J. Super. 446 (App. Div. 2023). New Jersey and federal law favor arbitration, and courts will often enforce arbitration clauses contained in consumer contracts. But...

The Anticipated Catch-Up Post: Two Published Appellate Division Decisions

As indicated here, it was likely that there would be published opinions issued during this blog's holiday break. It turns out that there were two such opinions, both by the...

Discovery of Metadata

Estate of Lasiw v. Pereira, 475 N.J. Super. 378 (App. Div. 2023). Judge Messano's opinion in this medical malpractice case today is a relatively rare example of a published appellate...

2002 Amendment to the Criminal Statute of Limitations Cannot Apply Retroactively to Allow Prosecution of an Offense Allegedly Committed in 1990

State v. Rosado, 475 N.J. Super. 266 (App. Div. 2023). Judge Gilson began his opinion for the Appellate Division in this case today as follows: "This appeal presents a novel...

Willingboro Mall Rule That Settlements in Mediation Must be Reduced to Writing and Signed at the Mediation Applies to Voluntary Mediations as Well as Court-Ordered Ones

Gold Tree Spa, Inc. v. PD Nail Corp., 475 N.J. Super. 240 (App. Div. 2023). In Willingboro Mall, Ltd. v. 240/242 Franklin Ave., LLC, 215 N.J. 242 (2013), the Supreme...

Two Constitutional Law Decisions From the Appellate Division

State v. Higginbotham, 475 N.J. Super. 205 (App. Div. 2023); In re Appeal of Denial of M.U.'s Application for a Handgun Purchase Permit, 475 N.J. Super. 148 (App. Div. 2023)....

A Lesson in Attorneys' Fee Applications From Justice Patterson

Hansen v. Rite Aid Corp., 253 N.J. 191 (2023). This opinion by Justice Patterson for a 5-0 Supreme Court (Justice Fasciale did not participate) reaffirms the attorneys' fee award principles...

The West Orange Library Site is Not "In Need of Redevelopment"

Malanga v. Township of West Orange, 253 N.J. 291 (2023). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. ("LHRL"), allows a municipality to declare a property "in need...

Warrantless Search of an Automobile is Improper Unless the Circumstances Giving Rise to Probable Cause Are "Unforeseeable and Spontaneous"

State v. Smart, 253 N.J. 156 (2023). As Justice Fasciale discussed in great detail in his opinion today for a unanimous (5-0, with Justice Solomon and Judge Sabatino not participating)...

Another "Kind for Kind" Affidavit of Merit Decision

Pfannenstein v. Surrey, 475 N.J. Super. 83 (App. Div. 2023). At least since Buck v. Henry, 207 N.J. 377 (2011), and Nicholas v. Mynster, 216 N.J. 463 (2013), New Jersey's...

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The Second and Third Published Appellate Division Decisions of the Current Term

As September turned to October, the Appellate Division issued its second and third published opinions of the Term. One was a decision by Judge Vinci in a civil appeal. The other ruling, in a criminal appeal, was authored by Judge Perez Friscia....

Appellate Division Oral Argument of the Week: Did it Violate a Class Action Settlement That Barred Mass Opt-Outs to Allow Opt-Outs From a Marketing Campaign That Solicited Opt-outs?

On Tuesday, September 30, judges on Part G of the Appellate Division will hear oral argument in Esposito v. Cellco Partnership d/b/a Verizon Wireless. The case follows from a $100 million nationwide class action settlement that had required class members who decided to exclude themselves from the settlement and potentially pursue their own litigation against Verizon to opt out individually, and barred mass opt-outs. However, Murphy Advocates, LLC, a Colorado law firm conducted a marketing campaign to create a mass opt-out that attracted about 11,000 class members who responded to Murphy that they wished to opt out....

A Pair of New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new cases. Both are criminal appeals. One is from a published opinion of the Appellate Division, while the other is from an unpublished per curiam decision by a three-judge panel....

Can a Plaintiff in a Civil Case Refuse to Testify at Trial After Being Served With a Defense Notice in Lieu of Subpoena and Having Been Ordered to Testify by the Trial Judge? An Anniversary

On this date in 2005, the Supreme Court decided Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100 (2005). The case involved a plaintiff who was shot in an apartment building in Atlantic City, which left him paralyzed. He brought a negligence suit against a number of defendants, including Atlantic City Housing & Urban Renewal Associates ("ACHURA"), the owner of the apartment building....