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

Terms of Use Not to Disclosed to Consumers, on a Website That They Never Visited, Do Not Require Them to Take Grievances to Arbitration

James v. Global Tellink Corp., 852 F.3d 262 (3d Cir. 2017). In this putative class action, plaintiffs were inmates at New Jersey correctional facilities. They signed up with defendants for...

The Third Circuit Clarifies the Standard for Determining Whether Parties Have Agreed to Arbitrate

Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017). The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the...

Failure to Pay Arbitration Fees Breaches Agreement That Requires Arbitration

Roach v. BM Motoring, LLC, 228 N.J. 163 (2017). Plaintiffs bought used cars from defendants. In connection with those purchases, plaintiffs signed Dispute Resolution Agreements ("DRA's") that required any disputes...

Jury Waiver and Fee Award to Defendant in CEPA Case Are Overturned

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff'd, 138...

Another Failed Effort to Compel Arbitration

Midland Funding, LLC v. Bordeaux, 447 N.J. Super. 330 (App. Div. 2016). This was a small claims case in which plaintiff sought to collect a consumer debt as to which...

Certain Frivolous Litigation Sanctions are Reversed, But One Such Sanction is Affirmed

Tagayun v. AmeriChoice of New Jersey, Inc., 446 N.J. Super. 570 (App. Div. 2016). As Judge Higbee noted in her opinion for the Appellate Division today, Rule 1:4-8 or N.J.S.A....

No Waiver of Arbitration Clause Even After Years of Litigation, Because Arbitration Demand, Pre-AT&T v. Concepcion, Would Have Been Futile

Chassen v. Fidelity Nat'l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was...

"Purple Prose" Makes the Appellate Division See Red

McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016). Appellate advocates like to write in ways that make an impact....

PERC Cannot Unilaterally Abandon the "Dynamic Status Quo Doctrine"

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016). The Public Employment Relations Commission ("PERC") is a state agency that is charged by the Legislature with implementing...

Some Common Sense on Class Actions from the U.S. Supreme Court

Campbell-Ewald Co. v. Gomez, 136 S. Ct. 846 (2016). The Supreme Court of the United States has made some dreadful decisions in the class action area, including notorious rulings restricting...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....