Barry S. Goodman

Bar Admissions

• New Jersey, 1978
• U.S. District Court, District of New Jersey, 1978
• U.S. Supreme Court, 1984
• U.S. Court of Appeals, Third Circuit, 1986

Published Cases

• In Kennedy v. Weichert Co. (2024), argued and briefed on behalf of amicus curiae New Jersey REALTORS® before the New Jersey Supreme Court in a landmark worker-classification case in which the court held that the independent contractor agreements between Weichert and its salespersons were dispositive under the New Jersey Real Estate Brokers and Salespersons Act when determining if they are employees or independent contractors. This precedential ruling preserved long-standing industry practices statewide, eliminated significant misclassification exposure for brokers, and provided definitive guidance after five years of litigation.
• In New Jersey REALTORS® v. Township of Berkeley (2024), obtained a precedential New Jersey Appellate Division decision that a requirement in an age-restricted community that an owner be 55 or older violates the federal Fair Housing Act and NJLAD, both of which include an exception to familial status discrimination to allow 55 or older communities to require that eighty percent of the units be occupied by a person 55 or older, but do not include any such exception concerning ownership.
• In Conley v. Guerrero (2017), the New Jersey Supreme Court held that an attorney who sends a notice of disapproval of a residential sales contract prepared by a real estate licensee to the broker(s) during the three-day attorney-review period must send it by email, fax, overnight mail or personal delivery.
• In Timber Glen Phase III, LLC v. Township of Hamilton (2015), the Appellate Division held that a municipality does not have the authority under the Licensing Act to impose licenses and licensing fees for residential apartment units that provide tenancies for 175 days or more.
• In Zaman v. Felton (2014), the New Jersey Supreme Court held that when a real estate licensee purchases a house that is in foreclosure with the seller having the right to buy back the property and continue to live there through a lease, the transaction may create an equitable mortgage but is not subject to In re: Opinion 26 or the Consumer Fraud Act.
• In Reyes v. Egner (2010), the New Jersey Supreme Court held that a broker for a short-term summer rental was not liable to a tenant who fell where a step was higher than the construction code permitted with no required handrail on the steps, finding the broker not subject to the same duty to warn visitors as a broker in an open house situation.
• In Exit A Plus Realty v. Zuniga (2007), the New Jersey Appellate Division held that real estate listing agreements are not automatically void but are only voidable based upon the equities of the case if a real estate licensee violates the Real Estate Licensing Act.
• In CBTR v. Twin Rivers Homeowners’ Association (2007), argued on behalf of appellants Twin Rivers Homeowners' Association and Twin Rivers Community Trust before the New Jersey Supreme Court, which held that homeowners’ associations’ policies regarding expressional activities will be upheld if they are reasonable but may be subject to constitutional scrutiny if they are unreasonable.
• In Danvers Motor Co. v. Ford Motor Co. (2005), a nationwide class action antitrust suit, the U.S. Court of Appeals for the Third Circuit held that dealers challenging Ford’s nationwide incentive and satisfaction program stated particularized harm by alleging payments against their will and relinquishing control of dealership operations to satisfy constitutional standing requirements.
• In New Jersey Association of REALTORS® v. New Jersey Department of Environmental Protection (2004), the Appellate Division held that a regulation requiring deed notices concerning environmentally contaminated sites sent to the Association for distribution by its members to the public was void because it violated the New Residential Off-Site Conditions Disclosure Act.
• In Gordon Development Group v. Bradley (2003) the Appellate Division held that there only is one attorney-review period for both the buyer and the seller in a residential real estate transaction in New Jersey, which begins when the fully executed contract has been delivered to both the buyer and the seller.
• In Danvers Motor Co. v. Ford Motor Co. (2002), the U.S. District Court held that class action antitrust plaintiffs must have particularized injuries to have Article III standing under the United States Constitution.
• In RE/MAX v. Wassau (2000), the New Jersey Supreme Court clarified worker classification standards for real estate salespersons, holding that salespeople are employees for purposes of workers’ compensation.
• In In re: Opinion 26 (1995), the New Jersey Supreme Court held that buyers and sellers of residential real estate can receive assistance from real estate and title agents during the closing process (as had been the practice in South Jersey) and do not have to retain a lawyer as has typically been done in North Jersey.
• In Mortgage Bankers Association of NJ v. NJ Real Estate Commission (1995), served as lead counsel in a 12-year legal challenge, ultimately securing an Appellate Division ruling confirming that real estate licensees can receive a fee for providing mortgage-related services.
• In G&W v. Borough of East Rutherford (1995), prevailed before the Appellate Court in an antitrust action precluding the firm’s client from competing for business in a certain municipality.
• In Liberty Lincoln Mercury, Inc. v. Ford Marketing Corp. (1993), the U.S. District Court held that an automobile dealers association can participate in a case as amicus curiae if the individual dealership that was a party in the lawsuit was not adequately represented by counsel, and the association will not be an advocate for one of the parties.
• In State v. Arace Brothers (1989), represented a trade association and certain individual defendants against allegations by the Attorney General that over the course of 25 years, the defendants had allocated public contracts among themselves in violation of the Antitrust Act.
• In Inter-City Tire and Auto Center v. Uniroyal (1988), successfully defended a distributor in an antitrust suit who allegedly had conspired to monopolize a certain market and fix prices.
• In New Jersey v. T.L.O. (1985), filed a brief of amicus curiae urging affirmance on behalf of the American Civil Liberties Union, with the U.S. Supreme Court rendering a landmark decision circumscribing the scope of searches and seizures in public schools.
• In The Hospital Center at Orange v. Cook (1981), the Appellate Division held that a hospital is barred from suing an indigent patient for fees where the hospital failed to advise the patient of the eligibility to apply for free medical care under a federal program for which the hospital had already received funding.

Memberships

• American Bar Association: Litigation Section Real Estate, Condemnation and Trust Litigation Commitee; Real Property, Trust and Estate Law Section
• New Jersey State Bar Association: Real Property Trust and Estate Law Section; Civil Trial Bar Section; Antitrust Law Special Committee
• Middlesex County Bar Association
• New Jersey Institute of Local Government Attorneys

Announcements