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

A Banner Day in the Appellate Division for Lite DePalma Greenberg, LLC and Its Clients

Russo v. Friedrich, 2018 WL 4904555 (App. Div. Oct. 10, 2018); City of Newark Public Schools v. OPEIU Local 32, 2018 WL 4905414 (App. Div. Oct. 10, 2018). It's a...

Another Consumer Arbitration Clause Case, and a Criminal Appeal, for the Supreme Court

The Supreme Court has granted certification in two new cases. The first is yet another matter involving whether and when consumer disputes can be forced into arbitration. That case (actually,...

The Supreme Court Takes Up Two More Criminal Cases and a Spill Act Appeal

The Supreme Court announced today that it has granted certification in three more cases. Two of those are criminal appeals, each involving sentencing issues. The third case presents an issue...

Entire Controversy Doctrine Inapplicable to Teacher Tenure Charge

Yarborough v. State Operated School District of the City of Newark, 455 N.J. Super. 136 (App. Div. 2018). Plaintiff, a third-grade teacher in the Newark public schools, faced a conduct-unbecoming...

Digging Out

This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments,...

The New Jersey Arbitration Act Does Not Require That Arbitration Proceedings Be Conducted in Person

State Farm Guaranty Ins. Co. v. Hereford Ins. Co., 454 N.J. Super. 1 (App. Div. 2018). Following an auto accident, the two insurance company parties to this appeal had a...

Where Purported Forum for Arbitration is Non-Existent, Arbitration Agreement Will Not be Enforced

MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today's case, a...

The Last Few Weeks, Part 1

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...

62 Years Since Appeal of Pennsylvania R. Co., a Key Case on Leave to Appeal

On this date in 1956, the Supreme Court issued its opinion in In re Pennsylvania R. Co., 20 N.J. 398 (1956). Along with Romano v. Maglio, 41 N.J. Super. 561...

The Supreme Court Grants Review in Five More Cases

The Supreme Court announced that it has granted certification in five more cases. One of those is a land use matter. The other four run the gamut from administrative law...

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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....