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

Marcus v. BMW Reiterated

Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. 2013). In this consumer class action, the Third Circuit, in an opinion by Judge Scirica, vacated class certification. That decision rested largely...

Third Circuit, En Banc, Affirms Settlement of Diamond Antitrust Class Action

Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011). By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated...

Weiss v. Regal Ban on "Picking Off" Named Plaintiff in Class Action Extends to FLSA Opt-In Cases

Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011). In Weiss v. Regal Collections, 385 F.3d 337 (3d Cir. 2004), the Third Circuit held that a defendant in a class action could...

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....