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

Time Limit to Appeal to Special Court of Appeals for Veterans Claims is Not Jurisdictional

Henderson v. Shinseki, 131 S. Ct. 1197 (2011). In 1988, in the Veterans Judicial Review Act ("VJRA"), Congress created the Court of Appeals for Veterans Claims, an Article I court that...

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...

If You Don't List it in Your Notice of Appeal … (redux)

Flaherty v. New Jersey, 2011 WL 66990 (App. Div. Jan. 11, 2011). Two months ago, the Appellate Division reminded us, in a case involving a pro se appellant, that an...

A Trifecta of Procedural Principles

In re Issuance of Access Conforming Lot Permit No A-17-N-N040-2007, 417 N.J. Super. 115 (App. Div. 2010). This case involved an appeal by an objector to a highway access permit...

If You Don't List It in Your Notice of Appeal, It's Not on Appeal

Onuigbo v. American Export Lines, 2011 WL 13762 (App. Div. Nov. 1, 2010). A lawyer would not, or should not, have had happen what occurred here, since appellate lawyers know...

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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....

The "Limited Attorney Exemption" of the Debt Adjustment and Credit Counseling Act is Held Unconstitutional as Violative of the Separation of Powers and Void for Vagueness

Anchor Law Firm, PLLC v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2025). The Debt Adjustment and Credit Counseling Act, N.J.S.A. 17:16G-1 et seq. ("DACCA"), prohibits debt adjusters in New Jersey from operating for a profit. There is an exception for attorneys not "principally engaged" (a term not defined in the statute) in debt adjustment. That exception, adopted in a 1986 amendment, replaced a prior version of the DACCA that had exempted all attorneys from its scope....

Appellate Division Oral Argument of the Week: Where a Party Files a Suit Alleged to Violate the UPEPA But Quickly Dismisses It, Can Defendants Then Get Counsel Fees Under the Statute?

On May 15, judges on Part C of the Appellate Division will hear oral argument in Satz v. Keshet Starr. Plaintiff, acting pro se, filed a defamation suit against defendants. Defendants filed an o order to show cause to dismiss the case and for attorneys' fees under the Uniform Public Expression Protection Act, N.J.S.A. 2A:53A-49 et seq. ("UPEPA"). The UPEPA, enacted in 2023, sought to make it more difficult to use the legal system as a weapon to bully individuals into silence by filing what have been known as SLAPP ("strategic lawsuits against public participation") suits....