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

Three More Supreme Court Grants of Certification Today

The Supreme Court announced today that it has granted certification in three new cases. All of them are civil appeals. In Robey v. SPARC Group, LLC, the question presented, as...

What is a "Class Action" Under the Class Action Fairness Act?

Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...

A Class Action Waiver is Unenforceable Absent a Mandatory Arbitration Provision

Pace v. Hamilton Cove, 475 N.J. Super. 568 (App. Div. 2023). Class action waivers have infested numerous areas of our commercial lives, including cellphone contracts, banking agreements, and other documents...

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...

Two Class Action Decisions by the Appellate Division

Kennedy v. Weichert Co., 474 N.J. Super. 541 (App. Div. 2023). As Judge Messano's opinion in this putative class action case recounted, this matter involves whether commissioned real estate salespeople...

Major Changes to the Appellate Rules, Effective September 1, 2022

In an omnibus rule amendment, the Supreme Court announced extensive rules changes that will take effect on September 1, 2022. Those amendments include significant changes to the appellate rules contained...

Plaintiff Who Suffered Financial Harm From Consumer Transaction Had Standing to Sue Despite Refusing Refund From Defendants

Adam v. Barone, 41 F.4th 230 (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his...

A Class Certification Opinion by Judge Porter, With a Concurring Opinion by … Judge Porter

Allen v. Ollie's Bargain Store, Inc., 37 F.4th 890 (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by...

Judge Smith Explains the Third Circuit's Standard for Rule 23(f) Appeals of Grants or Denials of Class Certification

Laudato v. EQT Corporation, ___ F.4th ___ (3d Cir. 2022). Federal Rule of Civil Procedure 23(f) states that "[a] court of appeals may permit an appeal from an order granting...

Catching up With the Third Circuit

In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th...

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"Hot Fun in the Summertime": Appellate Division Summer Parts

In an Order available here, Chief Justice Rabner announced the lineup for the Appellate Division's summer Parts. As has been customary, the "summer" runs not between the meteorological start and end dates for summer, nor from Memorial Day to Labor Day, but from June 16 through September 7....

The "Castle Doctrine"

State v. Bragg, ___ N.J. ___ (2025). A jury found defendant guilty of twelve charged counts, including attempted murder, kidnapping, aggravated assault, terroristic threats, possession of a weapon for an unlawful purpose, endangering, and two lesser-included offenses of harassment. Some of those charges involved the use of deadly force. Persons may not use deadly force if the can retreat with complete safety. But under the "castle doctrine," an exception to the general rule, a person "is not obliged to retreat from his dwelling, unless he was the initial aggressor." N.J.S.A. 2C:3-4(b)(2)(b)(i). That doctrine derives from the common law....

No Arbitrariness in Rejection of Public Construction Bid That Failed to Include a Properly Signed, Required Consent of Surety

In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638, ___ N.J. ___ (2025). This public bidding case resulted in a 5-2 split at the Supreme Court, the first non-unanimous ruling of the current Term. Justice Hoffman wrote the majority opinion, while Justice Fasciale authored the dissent for himself and Justice Pierre-Louis....

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....