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

The Availability of Class Arbitration is for a Court, Not an Arbitrator, to Decide

Opalinski v. Robert Half Int'l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. ("FLSA"), plaintiffs signed employment agreements...

The Third Circuit Interprets New Jersey's Affidavit of Merit Statute

Nuveen Municipal Trust v. WithumSmith Brown P.C., 752 F.3d 600 (3d Cir. 2014). As discussed here, the Supreme Court of New Jersey has occasionally accepted requests from the the Third Circuit...

When Does Mootness of an Appeal Require Vacation of the Decision Being Appealed?

Lightner v. 1621 Route 22 West Operating Co., LLC, 729 F.3d 235 (3d Cir. 2013). This short decision by Judge Ambro addressed a narrow question: when does the mootness of...

Egg Creams and "Equitable Mootness"

In re Semcrude, L.P., 728 F.3d 314 (3d Cir. 2013). An egg cream is a fountain drink, associated primarily with New York City, whose ingredients include neither egg nor cream....

The Collateral Order Doctrine and "Mr. Green"

Erie Molded Plastics, Inc. v. Nogah, LLC, 2013 U.S. App. LEXIS 5991 (3d Cir. March 26, 2013). In a commercial case, defendant advised its attorneys that it would no longer...

A Mixed Bag on Class Certification From the Third Circuit

Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012). "Run-flat" tires ("RFT's") are automobile tires that can, as their name implies, continue to run for 50...

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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....

Contracts for Lifetime Employment: An Anniversary

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

A New Batch: Five More Appeals for the Supreme Court

The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....

Three Days, Three Published Appellate Division Decisions on Suppression Motions in Criminal Cases

Each of the last three days saw the Appellate Division issue one published opinion in a criminal appeal. Here are summaries of those rulings:...