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

Writing a Persuasive Introductory Statement: A Lesson From Judge Reisner

Moran v. Board of Trustees, Police & Firemen's Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under...

Supreme Court and Appellate Division Fees Will Increase on November 17

In a Notice to the Bar that was published today, the Supreme Court announced that a number of fees in various courts will increase as of November 17, 2014. Of...

Last Night's MCBA Appellate Practice Seminar: A Big Hit

Last night, the Morris County Bar Association presented "New Jersey Appellate Practice: Tips from the Bench and Bar." The program and participants were discussed here. Roughly 125 people attended, and...

Proofs and Defenses in Collection Cases

New Century Financial Services, Inc. v. Oughla, 437 N.J. Super. 299 (App. Div. 2014). This case encompassed two consolidated collection cases. Opposing counsel in these matters regularly face off against...

Check Out the ABA's 18th Annual Class Actions Institute- October 23-24, 2014, in Chicago

The 18th Annual American Bar Association Class Actions Institute will take place on October 23 and 24 at theWit Hotel in Chicago. The full brochure for the Institute can be found...

A Warning to Appellate Lawyers From Judge Fuentes

Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014). This decision by Judge Fuentes, issued today, reverses a grant of summary judgment in favor of the YMCA in what...

Morris County Bar Association MCLE Seminar- "New Jersey Appellate Practice: Tips From the Bench and Bar"

In September 2013, the Morris County Bar Association presented a seminar titled "Building the Trial Record and Arguing it on Appeal." The panelists were Justice Patterson, Judges Sabatino, Stern, and...

Ethical Problems in Appellate Practice

A session with this title was conducted today at the Third Circuit Judicial Conference. Judge Greenaway headlined the panel. But the real driver was a Senior Consultant from Aon Risk...

If You Settle Your Appeal, You Must Promptly Notify the Appellate Court

Sessner v. Merck Sharp & Dohme Corp., 435 N.J. Super. 347 (App. Div. 2014). "Dilatoriness in … promptly notifying the court that [settlement] has occurred reflects not only a lack...

Third Circuit Practice Tips

At today's seminar sponsored by the Association of the Federal Bar of New Jersey, a panel headlined by Judges Chagares and Shwartz discussed tips for practicing before the Third Circuit....

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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....