Judges

If You Seek Fees, You Must Follow the Rules Even in Small Cases

Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010). In this credit contract appeal, the agreement provided for "reasonable attorneys' fees of 25% of...

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The Fifteenth Anniversary of New Jersey Appellate Law Blog

Tomorrow, October 18, is the fifteenth anniversary of this blog. Over 2,400 posts have appeared here during that time....

Appellate Division Oral Argument of the Week: Where Should Municipalities' Challenges Relating to the Fourth Round Affordable Housing Law, P.L. 2024, c. 2, Be Heard?

On Wednesday, October 22, judges on Part B of the Appellate Division will hear oral argument in Borough of Montvale v. State of New Jersey. The case is before the Appellate Division on a grant of leave to appeal....

The Second and Third Published Appellate Division Decisions of the Current Term

As September turned to October, the Appellate Division issued its second and third published opinions of the Term. One was a decision by Judge Vinci in a civil appeal. The other ruling, in a criminal appeal, was authored by Judge Perez Friscia....

Appellate Division Oral Argument of the Week: Did it Violate a Class Action Settlement That Barred Mass Opt-Outs to Allow Opt-Outs From a Marketing Campaign That Solicited Opt-outs?

On Tuesday, September 30, judges on Part G of the Appellate Division will hear oral argument in Esposito v. Cellco Partnership d/b/a Verizon Wireless. The case follows from a $100 million nationwide class action settlement that had required class members who decided to exclude themselves from the settlement and potentially pursue their own litigation against Verizon to opt out individually, and barred mass opt-outs. However, Murphy Advocates, LLC, a Colorado law firm conducted a marketing campaign to create a mass opt-out that attracted about 11,000 class members who responded to Murphy that they wished to opt out....