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

A Busy Few Weeks for the Appellate Division

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have...

No Surprise: The U.S. Supreme Court Says "Ambiguous" Arbitration Agreements Do Not Permit Class Arbitration

Lamps Plus, Inc. v. Varela, 139 S. Ct. 407 (2019). In Stolt-Nielsen, S.A. v. AnimalFeedsInt'l Corp., 559 U.S. 662 (2010), the Supreme Court of the United States, by a 5-3...

Judge Nugent Reminds Us That Rule 4:23-5's Requirements Must be "Scrupulously Followed and Technically Complied With"

Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019). In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made...

Two More Criminal Cases, and Another Arbitration Case, for the Supreme Court

The Supreme Court announced today that it has granted certification to review three cases. Two of them are criminal appeals. The third is another case involving an arbitration agreement. The...

Another Less-Than-Direct Way of Trying to Impose an Arbitration Scheme Fails

Skuse v. Pfizer, Inc., 457 N.J. Super. 539 (App. Div. 2019). Sometimes, the first sentence of a judicial opinion tells you all you need to know about the result, even...

"Confusing," "Contradictory," and "Obscure" Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So

Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner...

Reconsideration Motion Was Not Timely "Served," and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., 457 N.J. Super. 464 (App. Div. 2019). In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion...

Receiver of a Defrauded Entity May Initiate Arbitration Even if Entity's Shareholders Will Ultimately Benefit From Any Recovery

Interactive Brokers, LLC v. Barry, 457 N.J. Super. 357 (App. Div. 2018). This final post of 2018 features an opinion issued today by Judge Currier. The case arose out of...

Flanzman v. Jenny Craig, Inc. Reissued by the Appellate Division

Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018). The Appellate Division previously issued its opinion in this case, written by Judge Fasciale, on October 17, 2018,...

No Meeting of the Minds Where Arbitration Clause Did Not Specify Arbitration Forum or Process

Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018). This opinion by Judge Fasciale today is yet another case arising out of an arbitration clause. Plaintiff, having...

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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:...

The Last Seven Days

The last seven days, an especially busy period for me, featured one Supreme Court opinion and two published Appellate Division decisions. Here are summaries of those rulings:...

No Ethics Violation in Attorney Purchasing Another Attorney's Name as a Keyword for Internet Searches, the Supreme Court Says, With a Caveat

In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics, ___ N.J. ___ (2025). [Disclosure: I represented an amicus curiae in this appeal]. As Justice Noriega said in his opinion for a 5-1 majority (Justice Pierre-Louis did not participate), this appeal "presents the narrow question of whether it is permissible under the Rules of Professional Conduct (RPC) for an attorney or law firm to purchase a competing attorney's or law firm's name as a keyword." The Court found it permissible, with a caveat. Justice Fasciale dissented....

Four Criminal Law Cases, and a Qui Tam Appeal, for the Supreme Court

The Supreme Court announced today that it has granted review in five new appeals. One of them is before the Court on leave to appeal, while in the others the Court granted certification....