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

A "Bleak House" for the 21st Century- Chavez v. Dole Food Co.

Chavez v. Dole Food Co., 836 F.3d 205 (3d Cir. 2016). In the classic Charles Dickens book "Bleak House," the legal case of Jarndyce v. Jarndyce ran for so many...

The Third Circuit Still "Leads" in Fewest Oral Arguments, as Well as in Fewest Published Opinions

I have posted before about the relatively low percentage of Third Circuit appeals in which oral argument is heard. The latest statistics show that little has changed in this regard....

The "Voting Paradox": Perverse and Fascinating

Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., 806 F.3d 162 (3d Cir. 2015). The number of different issues that judicial opinions present never ceases to amaze. This appeal, which...

A Unanimous Three-Judge Panel Opinion, With a Unanimous Concurrence by the Same Three Judges. Huh??

Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015). For a single judge on a three-judge Third Circuit panel to issue a concurring opinion is...

Pennsylvania Rule Waiving Bar Exam Requirement for Admission Only for Attorneys Licensed in Jurisdictions That Offer Reciprocity to Pennsylvania Attorneys is Constitutional

National Ass'n for the Advancement of Multijurisdiction Practice (NAAMP) v. Castille, 799 F.3d 216 (3d Cir. 2015). For many years, New Jersey has not offered "reciprocity" to allow attorneys licensed...

Another New Jersey Sports Gambling Law Bites the Dust

National Collegiate Athletic Ass'n v. Governor of the State of New Jersey, 799 F.3d 259 (3d Cir. 2015). In 2012, in an effort to aid Atlantic City, New Jersey passed...

FLSA Plaintiff Wins Under an Exception to an Exemption

McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a...

Jurisdiction Over "High-Low" Agreements

Bryan v. Erie County Office of Children & Youth, 752 F.3d 316 (3d Cir. 2014). A "high-low agreement" is one in which parties agree that, regardless of the outcome of...

Delaware Chancery Court's State-Sponsored Arbitration Program is Held Unconstitutional

Delaware Coalition for Open Government, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013). It is rare that judges, and a court, are defendants in a lawsuit. It is even...

A Wise Decision on Class Arbitration

Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012). Decisions in favor of class arbitration may seem to be few and far between these days. But in this case,...

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The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....