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

Pro Se Litigants Have No Right to a Pro Se Manual, or to Other Assistance From the Courts

Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant's fueling station. The boat's tank overflowed with gasoline,...

The Standard of Review for Final Certification in Fair Labor Standards Act Cases, and a Caution About Joint Appendices

Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act ("FLSA") decision, written by Judge Smith, rejects a collective action under the FLSA and...

A Class Action Settlement Class is Reversed for Lack of Adequate Representation, But the Third Circuit Explains How to Cure the Problem

Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012). This class action case involved allegations that Volkswagen vehicles had defective sunroofs that allowed water to infiltrate into the interior of the...

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...

How Long Does a Defendant Have to Remove a Case to Federal Court?

Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011). The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state...

Two Useful Appellate Practice Principles From the Virgin Islands

Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011). It's not often that a case from the Virgin Islands affects the law of appellate practice in the Third...

No Waiver Even Though Argument Was Not Raised Below

Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011). This was a group of appeals in a Virgin Islands case that involved, among other things, copyright, Lanham Act, and common...

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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....