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

A Poor Judicial Product and a Disaster for Consumer Protection: A Lengthy Analysis of AT&T v. Concepcion

AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011). From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S....

When the Supreme Court Made Orders Compelling Arbitration Immediately Appealable

On this date in 2008, the Supreme Court of New Jersey decided Wein v. Morris, 194 N.J. 364 (2008). That case involved an order dismissing a lawsuit and directing that...

"Reasonably Debatable": Arbitrator's Award of Pay for Ten-Minute Police Muster Period Upheld

Policemen's Benevolent Ass'n v. City of Trenton, 205 N.J. 422 (2011). The City of Trenton ordered certain employees to report for "muster" ten minutes before their shifts were to start, so that...

Any Order That Compels or Denies Arbitration is Now Final and Immediately Appealable, Even if it Does Not Address All Issues and All Parties

GMAC v. Pittella, 205 N.J. 572 (2011). In Wein v. Morris, 194 N.J. 364 (2008), the Supreme Court used its rulemaking power to amend Rule 2:2-3(a) to add orders compelling arbitration to...

Interlocutory Appeals From PIP Arbitration Decisions are Not Allowed

Allstate New Jersey Ins. Co. v. Neurology Pain Associates, 418 N.J. Super. 246 (App. Div. 2011). The Automobile Insurance Cost Reduction Act ("AICRA") changed the way personal injury protection ("PIP") benefit arbitrations...

Broad Powers of an Arbitrator

Manger v. Manger, 417 N.J. Super. 370 (App. Div. 2010). The parties in this matrimonial action settled some of their differences before a judge shortly before a scheduled trial. They then agreed...

Justices Behaving Badly

Henry v. New Jersey Dep't of Human Services, 204 N.J. 320 (2010), and Johnson v. Johnson, 204 N.J. 529 (2010). These two decisions will not be remembered for the facts or holdings of the...

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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....