Next Week’s Appellate Division Arguments Will be Conducted Telephonically

As stated here, oral arguments in the Appellate Division through April 2 will be conducted telephonically. Parts A, C, D, and G are the Parts that have oral arguments scheduled for next week. The Appellate Division is in recess during ...

Byrne (Third Circuit Philadelphia) Courthouse is Closed Until March 30

The Third Circuit announced today that the James A. Byrne Courthouse in Philadelphia, where the Third Circuit, usually sits, will be closed until Monday, March 30, when it is scheduled to reopen. This is being done to protect the public, ...

Insureds Bear the Burden of Proving “Fortuity” of a Claimed Loss Under an All-Risk Insurance Policy

Chartis Property Casualty Co. v. Inganamort, 953 F.3d 231 (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge Jordan, involved the question of whether defendants were entitled to ...

Judges Gummer and Smith Will be Temporarily Assigned to the Appellate Division as of September 1

Chief Justice Rabner announced the temporary assignment of two judges to the Appellate Division. The two judges, Katie Gummer and Morris Smith, will begin their temporary assignments on September 1, 2020. Judge Gummer was appointed to the Monmouth County bench ...

This Week’s Appellate Division Arguments Will be Conducted Telephonically

As stated here, all Appellate Division oral arguments through March 27 will be conducted telephonically rather than in person. There is no indication yet as to whether that will continue past March 27. The Supreme Court has no oral arguments ...

State Medicaid-Related Regulation Voided by the Appellate Division as Inconsistent With State Statute

G.C. v. Division of Medical Assistance and Health Services, 463 N.J. Super. 79 (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations ...

Third Circuit Will Continue to Hear Oral Arguments Despite Coronavirus

The Third Circuit announced today that it “is open for business and will fulfill its constitutional and statutory obligations and responsibilities.” Oral arguments will continue as scheduled, but merits panels “will determine the manner of argument.” Parties may file a ...

Appellate Oral Arguments in the Time of Coronavirus

As announced here, the Supreme Court of the United States today advised that, “in light of public health concerns,” it is postponing oral arguments that had been scheduled for March 23-25 and March 30-April 1. “The Court will examine the ...

Third-Party Defendant Not Sued Directly by Plaintiff Must Still Participate at Trial Absent a Valid Defense to the Third-Party Claim

Mejia v. Quest Diagnostics, Inc., 241 N.J. 360 (2020). Today’s opinion by Justice Fernandez-Vina, for a unanimous Supreme Court, involved “whether a third-party defendant, facing only claims for contribution and common-law indemnification from an original defendant that did not file ...

The Supreme Court Takes Up a Miranda Case

The Supreme Court announced that it has granted certification in State v. Ahmad, an appeal from a manslaughter conviction. The question presented there, as phrased by the Supreme Court Clerk’s office, is “Was defendant’s statement obtained in violation of Miranda ...