The Supreme Court announced that it has granted certification in four new cases. In two of them, the Court set accelerated schedules. The first of those, which involves five consolidated cases, is In re Attorney General Law Enforcement Directive Nos. ...

Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...

The year 2020 has been a challenging (to say the least) period of time for many of us, in New Jersey, in the United States, and worldwide. Over 250,000 Americans have died of COVID-19, and many more have been hospitalized ...

In re Medical Marijuana Alt. Treatment Ctrs. for Pangea Health & Wellness, LLC, 465 N.J. Super. 343 (App. Div. 2020). On this relatively quiet day before Thanksgiving, the Appellate Division issued an opinion, by Judge Fisher, that overturns the Department ...

Crisitello v. St. Theresa School, 465 N.J. Super. 223 (App. Div. 2020). This decision under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”), was the second time that this case came before the Appellate Division. The issue ...

On this date in 1986, the Supreme Court decided Ridgewood v. Bolder Foundation, 104 N.J. 337 (1986). The issue there was “whether a taxpayer may reduce, for real estate tax assessment purposes, the value of property because of a conservation ...

Sullivan v. Max Spann Real Estate & Auction Co., 465 N.J. Super. 243 (App. Div. 2020). As Judge Firko stated in the first sentence of her opinion in this case, this was an appeal “from a July 22, 2019, order ...

The courts are closed today for Veterans Day, so it is an opportunity to catch up on two grants of certification that the Supreme Court issued last week. Both involve criminal matters. In State v. Konecny, the question presented, as ...

The Supreme Court announced that it has granted certification in four new appeals. As is often the case, the nature of those matters is very varied. In Goldhagen v. Pasmowitz, the question presented, as phrased by the Supreme Court Clerk’s ...

United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...