The Third Circuit Chips Away at Its Class Action Ascertainability Doctrine

Hargrove v. Sleepy’s Inc., 974 F.3d 467 (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to ...

Agreement Settling Disciplinary Charge Against a Public Employee is Exempt From Disclosure Under OPRA, But Perhaps Available Under Common Law

Libertarians for Transparent Government v. Cumberland County, 465 N.J. Super. 11 (App. Div. 2020). Judge Accurso issued this opinion for the Appellate Division today, the first published opinion in a civil case of this new Term. It arose under the ...

A Municipal Court Appeal Triggers the Appellate Division’s “Didactic Role as an Intermediate Appellate Court”

State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ...

The Third Circuit in High Gear

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle ...

It’s Now “Justice Pierre-Louis”

Yesterday, the full New Jersey Senate confirmed Fabiana Pierre-Louis to a seat as Associate Justice of the Supreme Court of New Jersey. As was the case at the Judiciary Committee, the vote for confirmation was unanimous. Senators of both parties ...

“Assault and Battery” Exclusion Barred Insurance Coverage for Fatal Tavern Shooting

Pickett v. Moore’s Lounge, 464 N.J. Super. 549 (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought ...

Judiciary Committee Unanimously Endorses Fabiana Pierre-Louis for the Supreme Court; Full Senate Vote is Thursday

After a 95-minute hearing today, the Senate Judiciary Committee unanimously endorsed the nomination of Fabiana Pierre-Louis as an Associate Justice on what she called, in her opening statement, “the finest court in our nation.” The nominee’s opening statement detailed her ...

Newark Validly Constituted a Civilian Complaint Review Board, But the Supreme Court Cuts Back That Board’s Powers

Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark, 244 N.J. 75 (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Newark in various matters but had no involvement in this case]. By ordinance, ...

Employer’s Arbitration Provision Enforceable Even Though Employer Labeled it a “Training Module,” Since Employee Understood She Was Agreeing to Arbitration

Skuse v. Pfizer, Inc., 244 N.J. 30 (2020). As discussed here, the Appellate Division in this case reversed a trial level ruling that compelled the plaintiff employee to arbitrate a dispute that she had with her employer, Pfizer. Pfizer had ...

Judges, Not Clerks, Must Perform Non-Delegable Judicial Functions

United States v. Heinrich, 971 F.3d 160 (3d Cir. 2020). In this appeal, defendant entered a conditional guilty plea to the production of child pornography. He preserved the right, however, to appeal the exclusion of expert testimony that he sought ...