A Break in the Action

Due to my personal schedule, posts will not appear here for at least one week from today. They will likely resume sometime later next week.

Much to Catch Up On- Part 1

Professional and personal obligations sometimes get in the way of keeping up with our courts. July has been full of appellate law developments that deserve attention. This is the first of several posts that will do that....

Much to Catch Up On- Part 2

Chief Justice Rabner has issued the 2026-27 General Assignment Order, which is available here. As regards the Appellate Division, some things have changed while others remain the same....

No Implied Private Right of Action for Non-Licensure Under the Consumer Finance Lending Act

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....

Two Supreme Court Grants of Leave to Appeal, and Two Grants of Certification

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....