How to Get Appellate Judges Angry: Attack Their Opinion as Too Concise

New Jersey Division of Child Protection and Permanency v. A.L., 462 N.J. Super. 127 (App. Div. 2020). On October 28, 2019, in a per curiam opinion that can be found at 2019 WL 5544014 (App. Div. Oct. 28, 2019), Judges ...

Fox Rothschild is Exonerated on Conversion Claim Made by a Non-Client Unknown to the Law Firm

Meisels v. Fox Rothschild LLP, 240 N.J. 286 (2020). Plaintiff was involved in a real estate transaction with a client of defendant Fox Rothschild, Weinstein. An intermediary for plaintiff wired money to the law firm in connection with that transaction. ...

The Pregnant Workers Fairness Act

Delanoy v. Township of Ocean, 462 N..J. Super. 78 (App. Div. 2020). The first New Jersey state court published opinion of 2020 goes to Judge Sabatino. The case arose under the Pregnant Workers Fairness Act (“PWFA”), a 2014 amendment to ...

The Third Circuit Improves Its Docket Entry System

To start the new year, the Third Circuit announced that beginning on January 1, 2020, “docket entries listed on the Court’s docket will be numbered. All cases opened in 2020 will have consecutive numbers assigned to each entry.” Cases opened ...

Acoli v. New Jersey State Parole Bd., Decided by a Split Appellate Division Panel, Will Likely Return to the Supreme Court

Acoli v. New Jersey State Parole Bd., 462 N.J. Super. 39 (App. Div. 2019). As Judge Fasciale’s majority opinion in this case today states, “[i]n 1973, Sundiata Acoli murdered State Trooper Werner Foerster and assaulted State Trooper James Harper.” A ...

Christmas and Chanukah

This is one of those years in which the holidays of Christmas and Chanukah overlap. Merry Christmas and/or happy Chanukah to those who are celebrating. ...

52 Years Since a Landmark in Real Estate Brokerage Commission Law

On December 18, 1967, the Supreme Court decided Ellsworth Dobbs, Inc. v. Johnson, 50 N.J. 528 (1967). The Court’s 6-0 opinion, authored by Justice Francis, overturned nearly 100 years of New Jersey jurisprudence about when a broker earns a commission ...

A Stinging Rebuke to the Board of Immigration Appeals, in an Unusual Three-Judge Concurring Opinion

Quinteros v. Attorney General of the United States of America, ___ F.3d ___ (3d Cir. 2019). This was an immigration appeal. As Judge Roth summarized it in her opinion for the Third Circuit (the other panel members were Judges McKee ...

Parties’ Stipulation Waived Right to Appeal

In re Odyssey Contracting Corp., ___ F.3d ___ (3d Cir. 2019). Odyssey Contracting Corp. and L&L Painting Co., Inc., were (respectively) a subcontractor and the prime contractor on a project to repaint a bridge. They got into a payment dispute ...

Since Percocet Had Not Relieved Pain After Years of Use, Compensation Court Properly Denied Worker’s Application for Benefits to Allow Continuation of Percocet

Martin v. Newark Public Schools, ___ N.J. Super. ___ (App. Div. 2019). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents Newark Public Schools in certain matters, but had no involvement in this case.]. Today’s concise opinion by Judge Mayer was ...