Major Changes to the Appellate Rules, Effective September 1, 2022

Bruce GreenbergAugust 23, 2022

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....

Judge Zazzali-Hogan is Temporarily Assigned to the Appellate Division

In an Order available here, Chief Justice Rabner announced that Judge Zazzali-Hogan will be temporarily assigned to the Appellate Division's Part G. That assignment will commence on August 24 and will extend through November 1 and "for such additional period of time as may be necessary to decide all motions and to conclude all matters assigned to" her....

Council on Unfunded Mandates Cannot Go Beyond Determining That a Statute Represents an Unfunded Mandate

Reed v. Muoio, ___ N.J. ___ (2026). As Justice Noriega said in his unanimous opinion in this appeal, the case centered on a 1995 amendment to the New Jersey Constitution, N.J. Const. art. VIII, § 2, ¶ 5), that "prohibit[ed] any law, rule, or regulation that was determined to be an unfunded mandate." The amendment directed the Legislature to establish the Council on Unfunded Mandates ("the Council") to resolve whether a statute, rule, or regulation was an unfunded mandate. The issue in this case was whether the Council exceeded its powers....