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

Demand for Mediation Can Constitute First-Filed Action for Comity Purposes

CTC Demolition Co., Inc. v. GMH AETC Management, 424 N.J. Super. 1 (App. Div. 2012). The "first-filed" rule of comity says that, as a general notion, the court that first acquires jurisdiction over...

Statute That Does Not Afford Jury Trial for Negligent Property Damage Claim is Unconstitutional

Jersey Central Power & Light Co. v. Melcar Utility Co., 212 N.J. 576 (2013). Article I, paragraph 9 of the New Jersey Constitution provides that "the right to trial by jury shall...

"Housing-Related" Disputes Between Condominium Unit Owners and A Condominium Association Must Go to ADR

Bell Tower Condominium Ass'n v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). A condominium association imposed a special assessment on each of its five unit owners. The purpose of the assessment...

Supreme Court Will Review NAACP v. Foulke

The Supreme Court has granted a petition for certification to review the decision of the Appellate Division in NAACP of Camden County East v. Foulke Mgmt. Corp., 421 N.J. Super....

Today is the First Anniversary of This New Jersey Appellate Law Blog

One year ago today, this blog began its existence with its very first post. There have been approximately 225 posts since, covering all aspects of New Jersey appellate law and practice, with...

The Third Circuit Adopts Concepcion and Finds Muhammad Superseded By It

Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011). In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), a 5-4 majority of the Supreme Court of the United States rejected...

No Constitutional Right to Appeal Undocketed Grievance Against Attorney

O'Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011). Judge Axelrad's opinion in this case begins as follows: "Rule 1:20-3(h) provides that in cases where a grievance that was...

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...

N.J.S.A. 2A:23A-18b Does Not Always Bar Further Appeal of Arbitration Awards After Proceedings in the Law Division

Open MRI & Imaging v. Mercury Ins. Group, 421 N.J. Super. 160 (App. Div. 2011). N.J.S.A. 2A:23A-18b, p;art of the Alternative Procedures for Dispute Resolution Act ("APDRA"), provides that "[u]pon the...

Party Does Not Waive Arbitration Clause by Entering Into Mediation

Frumer v. Nat'l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011). This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court's refusal to...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....