MacDonald v. Cashcall, Inc., ___ F.3d ___ (3d Cir. 2018).  There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context.  But today’s case, a putative class action in which Judge Shwartz wrote a wise opinion for a unanimous Third Circuit panel, takes the cake.  Applying a “plenary” standard of review, the court affirmed a District Court ruling that had denied defendants’ motion to compel arbitration.  As Judge Shwartz summarized, “[b]ecause the parties’ agreement directs arbitration to an illusory forum, and the forum selection clause is not severable, the entire agreement to arbitrate, including the delegation clause, is unenforceable.” read more

Lee v. Brown, ___ N.J. ___ (2018).  [Disclosure:  My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to the appeal that is the subject of this post]  Today’s unanimous opinion by Justice Fernandez-Vina deals with whether the appellants, the City of Paterson and one of its employees, an electrical inspector, were entitled to absolute immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”), or merely qualified immunity.  The Law Division and the Appellate Division determined that only qualified immunity was appropriate.  The Supreme Court disagreed, holding that absolute immunity was required. read more

On this date in 1961, the Supreme Court decided 525 Main St. Corp. v. Eagle Roofing Corp., 34 N.J. 251 (1961).  The Court’s opinion, a 5-0 decision, was written by Chief Justice Weintraub. read more

Last week, the Supreme Court announced that it had granted certification in five more cases.  Three of them are criminal appeals, one involves additur after a jury verdict, and one implicates the entire controversy doctrine. read more

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks.  Here is a belated, and far from complete, summary of some of the decisions that our appellate courts have made in that time: read more

The Supreme Court announced that it will take up two more matters.  One is a certified question from the Third Circuit Court of Appeals in a consumer protection context, specifically, the sale of Super Bowl tickets (with the next Super Bowl to be played on this coming Sunday, the Court’s timing is impeccable).  The other is a criminal appeal involving the admissibility of prior convictions. read more

Adelman v. BSI Fin. Services, ___ N.J. Super. ___ (App. Div. 2018).  This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action.  Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s sale of the property of her husband, who had died after the sale, leaving plaintiff, his wife, as executrix of his estate) raised in the foreclosure action a defense that a loan modification had been granted to her.  The court there denied her application and gave possession to the lender, Wells Fargo.  Plaintiff appealed, but then dropped her appeal. read more

The Supreme Court announced that it has granted review in three more cases.  One of them is yet another case under the Open Public records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”).  The two others are criminal cases. read more