Lawrence Bluestone on Appeals

New Jersey District Court Proposes New Rules for Bankruptcy Appeals

The appeals process for Bankruptcy Court cases in New Jersey is on track to change in the coming year. On June 24, 2025, the U.S. District Court for the District of New Jersey released proposed amendments to its local civil...more

7/18/2025 / Appeals , Bankruptcy Code , Bankruptcy Court , Federal Rules of Bankruptcy Procedure , Local Rules , Proposed Rules , Rules of Civil Procedure

“High” Court Time: N.J. Supreme Court Agrees to Review Ruling on Off-Duty Medical Marijuana Use as Reasonable Accommodation

On July 9, 2019, the New Jersey Supreme Court agreed to hear a case involving whether an employee can state claim against an employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate...more

7/25/2019 / Adverse Employment Action , Appeals , Compassionate Use Act , Defamation , Drug Testing , Employer Liability Issues , Marijuana , Medical Marijuana , Motion to Dismiss , NJ Supreme Court , NJLAD , Reasonable Accommodation , Reversal

Yellowstone No More?: New York Highest Court Approves Waiver of Commercial Tenant Right to Seek Declaratory Judgment

A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more

6/4/2019 / Appeals , Commercial Leases , Contract Terms , Cure Periods , Declaratory Relief , Injunctions , Landlords , Tenants

Municipalities Must Demonstrate “Necessity” Linked to a Redevelopment Project to Condemn

The New Jersey Appellate Division reversed a decision allowing the Borough of Glassboro to condemn property just because it was part of a “Redevelopment Area” and has been since 2000. In Borough of Glassboro v. Grossman....more

1/9/2019 / Appeals , Business Necessity , Condemnation , Municipalities , Real Estate Development , Redevelopment , Regulatory Takings , Reversal

New Jersey Appellate Division Invalidates Jenny Craig Employee Arbitration Provision

This week, in Marilyn Flanzman v. Jenny Craig Inc. et al., No. A-2580-17, a panel of the Appellate Division found that an arbitration provision between weight loss company Jenny Craig and a former employee was unenforceable...more

10/19/2018 / Age Discrimination , Appeals , Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Hiring & Firing , Mandatory Arbitration Clauses , Unenforceable Contract Terms

#MeToo Movement Insufficient to Revive Dismissed Case

The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more

8/1/2018 / #MeToo , Appeals , Constructive Discharge , Dismissals , Former Employee , Frivolous Lawsuits , Hiring & Firing , Hostile Environment , Motion for Reconsideration , Motion to Set Aside the Verdict , Retaliation , Sanctions , Sexual Harassment , Summary Judgment

Third Circuit Finds ADT Consumer Class Action Correctly Returned to State Court

The Third Circuit upheld a decision to remand a class action to state court, agreeing that one of the defendants could not be disregarded as a “nominal party” even though it had transferred all of its contracts, assets,...more

7/11/2018 / Appeals , CAFA , Class Action , Jurisdiction , Remand

Lawrence Bluestone

Genova Burns LLC

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