New opinions — attorney advertising and insurance arbitration

Two opinions today, plus a panel rehearing grant.

First up is an interesting attorney-advertising case. Certain judges had praised a lawyer in unpublished opinions, and the lawyer prominently quoted that praise on his website. One of the judges asked him to take down the quote, and ultimately the New Jersey Supreme Court adopted a professional rule banning advertising with opinion-quotes unless the opinion appears in full. The district court rejected the lawyer’s argument that this rule violated his First Amendment speech rights, but CA3 reversed. The court ruled that the ban was unduly burdensome and not reasonably related to consumer deception.

The case is Dwyer v. Cappell. Opinion by Ambro, joined by Hardiman and Greenaway. Arguing counsel were Andrew Dwyer for himself and Susan Scott for the state. Maybe Dwyer will be able to find more quotes from his remarkable win today to add to his site.

Today’s other opinion was summarized by CA3 thus:

Appellee Lincoln T. Griswold purchased a life
insurance policy that was later sold to Appellant Coventry
First LLC (Coventry) for an allegedly inflated price that
included undisclosed kickbacks to the broker. Griswold sued,
and Coventry moved to dismiss the case for lack of standing
or, in the alternative, to compel arbitration. The District Court
denied the motion and Coventry appealed. Two questions are
presented: (1) whether we have appellate jurisdiction to
review the District Court’s denial of a motion to dismiss for
lack of standing; and (2) whether the District Court erred
when it denied a motion to compel arbitration.

The court answered both questions in the negative and affirmed.

The case is Griswold v. Coventry First LLC. Opinion by Hardiman, joined by Ambro and Greenaway (same panel as today’s other case, but argued a month earlier). Arguing counsel were Ronald Mann for the insured and Kannon Shanmugam for the insurer, both appellate heavy hitters. Link to the argument audio here.

Besides today’s two published opinions, the court also entered an order granting panel rehearing in NLRB v. New Vista Nursing and Rehabilitation, a case decided by CA3 over a year ago (opinion here). The cases involves the Recess Appointments Clause, so I assume rehearing was granted to assess the impact of the June USSC ruling in Noel Canning. Stay tuned.