Diana v. LVNV Funding, LLC, ___ N.J. ___ (2026). [Disclosure: I represented amici curiae Consumers League of New Jersey and National Association of Consumer Attorneys in this appeal]. In a unanimous opinion by Justice Hoffman, the Supreme Court held that plaintiff, suing on behalf of a putative class, could not assert an implied private right of action to void a loan contract, pursuant to the New Jersey Consumer Finance Licensing Act, CFLA, N.J.S.A. 17:11C-1 to -49 ("CFLA"), against institutional debt-buyer defendants that allegedly purchased his credit card debt without a requisite license....
The Supreme Court announced that it has granted review in four new appeals. Two of those cases, both criminal matters, are before the Court on leave to appeal. The other two, each one of them a civil case, came to the Court on grants of certification....
In the time since the most recent post on this blog about Supreme Court opinions, the Court issued rulings in three cases. Here are summaries:...
The Supreme Court announced that it has granted certification in five new appeals. Two of those are from published opinions of the Appellate Division, while the other three bring up unpublished rulings by that court....
Yesterday and today each featured an opinion from the Supreme Court. Both were unanimous....
The Supreme Court announced that it has granted certification in In the Matter of the Expungement of the Criminal/Juvenile Records of P.L. The question presented, as phrased by the Supreme Court Clerk's office, is "Does the Recovery Court expungement statute, N.J.S.A. 2C:35-14(m), allow for the expungement of juvenile adjudications for offenses that would not otherwise be eligible for expungement under N.J.S.A. 2C:52-2 and N.J.S.A. 2C:52-4.1?" In an opinion reported at 482 N.J. Super. 319 (App. Div. 2025), the Appellate Division, applying de novo review, affirmed the ruling of the Law Division that allowed the expungement in these circumstances....
To bring things current, this post summarizes three published Appellate Division opinions that were issued in the recent period. The subject matter of these ruling ranged from construing a Court Rule about reconsideration to applying the Prevention of Domestic Violence Act ("PDVA") to determining whether the Attorney General's office was required to defend and indemnify a Deputy Chief Assistant Prosecutor facing an attorney disciplinary proceeding that arose out of his official duties....
This is the second post that catches up with appellate developments last week and this week. The Supreme Court issued rulings in three cases during that period. Two of those appeals involved unanimous opinions. The third engendered a relatively rare 5-2 split among the Justices. Here are summaries:...
Much of last week was consumed by a sojourn in Hershey, PA for the Third Circuit Judicial Conference, a very enjoyable and educational experience. As a result, it's time for some catching up. Today's is the first such post....
In the recent period, the Supreme Court issued one opinion and the Appellate Division published four decisions. Here are summaries:...
