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

Ratification of Originally Unauthorized Lawsuit by a Condominium Association

Port Liberte II Condominium Ass'n, Inc. v. New Liberty Residential Urban Renewal Co., LLC, 435 N.J. Super. 51 (App. Div. 2014). The caption in this case, a construction defect action...

Clear and Convincing Evidence is Required to Rebut a Presumption of Gift From Parent to Child

Bhagat v. Bhagat, 217 N.J. 22 (2014). A father transferred stock in a close corporation to his son. Such transfers from parent to child are generally presumed to be gifts,...

Choice of Law in the Insurance Context

DeMarco v. Stoddard, 434 N.J. Super. 352 (App. Div. 2014). In P.V. v. Camp Jaycee, 197 N.J. 132 (2008), discussed here, the Supreme Court replaced the "governmental interest test" that had guided...

"Robotic" Treatment of Grandparent Visitation Cases in Family Part is Improper

R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014). At least since Printing Mart v. Sharp Electronics, 116 N.J. 739 (1989), it has been clear that motions to...

The Limitations of Mandamus

Caporusso v. New Jersey Dep't of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge...

Ban on Discrimination Against the Unemployed in Job Advertisements is Constitutional

New Jersey Dept' of Labor & Workforce Development v. Crest Ultrasonics, 434 N.J. Super. 34 (App. Div. 2014). N.J.S.A. 34:8B-1 "bars employers seeking to fill job vacancies in this State...

A Written Request is Required in Order to Obtain Records Under OPRA

Bozzi v. City of Atlantic City, 434 N.J. Super. 326 (App. Div. 2014). Plaintiff wanted to get a copy of bid specifications for HVAC work at a local public building....

Access Easements

Caribbean House, Inc. v. North Hudson Yacht Club, 434 N.J. Super. 220 (App. Div. 2013). This decision by Judge Accurso, issued today, involves an "easement of way," or an access...

Personal Jurisdiction Goes Only So Far

Baanyan Software Services, Inc. v. Kuncha, 433 N.J. Super. 466 (App. Div. 2013). Under Rule 4:4-4, New Jersey asserts personal jurisdiction over defendants to the outer limits of what due...

"Arbitrary, Capricious, or Unreasonable" Test Applies to Judicial Review of Administrative Agency Actions, Whether "Quasi-Judicial" or "Quasi-Legislative"

In re Proposed Quest Academy Charter School, 216 N.J. 370 (2013). In this unanimous opinion, fittingly written by Justice LaVecchia given her Office of Administrative Law background, the Supreme Court...

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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....

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....