In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011).  Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be appealed immediately nonetheless.  This is the “collateral order doctrine.”  There are ...

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489 (2011).  The New Jersey State League of Municipalities (“the League”) is an entity created under N.J.S.A. 40:48-22 that represents all 566 New Jersey municipalities.  The League lobbies for ...

Drinker Biddle & Reath LLP v. New Jersey Dep’t of Law & Public Safety, 421 N.J. Super. 489 (App. Div. 2011).  Under settled caselaw, litigation discovery that is not filed with the court during the course of a case will normally remain confidential against requests by ...

Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011).  Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet by a fellow student-athlete at the school.  Holy Spirit High ...

Rubin “Hurricane” Carter, a former boxer, was convicted, along with a co-defendant, John Artis, of murdering a bartender and two patrons in a Paterson bar in the 1960’s.  The case became a celebrated one.  Bob Dylan wrote a song, “Hurricane,” and ...

Chief Justice Rabner today elevated Judge John C. Kennedy to the Appellate Division, effective on September 1.  Judge Kennedy currently sits in the Civil Division, Essex County.  He had served in the Criminal Division since being appointed to the bench ...

O’Boyle v. District I Ethics Committee, 421 N.J. Super. 457 (App. Div. 2011).  Judge Axelrad’s opinion in this case begins as follows:  “Rule 1:20-3(h) provides that in cases where a grievance that was found by the district ethics committee to allege unethical behavior ...

Smith v. JCP&L, 421 N.J. Super. 374 (App. Div. 2011).  This opinion, authored by Judge Skillman, addresses a number of interesting issues involving inverse condemnation, nuisance, and other things.  From an appellate practice perspective, however, the case is of interest because it ...

Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011).  Normally, any settlement, even an oral settlement agreement, can be enforced.  The question in this case was whether a settlement agreement reached orally at a mediation could ...

Cable v. Rodig, 2011 WL 3425570 (App. Div. Aug. 8, 2011).  In order for an appellate court to understand what happened below, and to review those goings-on, the appellate court needs the full transcript of those proceedings (absent an application ...