Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division.  Both judges will serve in the Appellate Division, on Parts to be designated by the Appellate Division’s ...

Morris v. T.D. Bank, 454 N.J. Super. 203 (App. Div. 2018).  This case arose out of a robbery at a T.D. Bank in Union, New Jersey.  Plaintiff, an African-American man, was waiting before a teller to make a withdrawal.  Another ...

Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions.  Rarely does that succeed.  On this day in 1972, however, the Supreme Court, acting on new information provided not by a losing party, but ...

Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018).  This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful ...

In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018).  As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a ...

The Supreme Court announced this afternoon that it has granted certification in four new cases, all criminal matters.  Here is the summary. In State v. Nelson, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Under the ...

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice.  Examples of that were discussed here and here.  At last night’s NJSBA Appellate Practice Committee meeting, Judge Fuentes took questions ...

City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018).  This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and ...

The Appellate Division has issued updated guidelines for the treatment of emergent applications.  Those guidelines, available here, update its August 26, 2015 guidelines, which were discussed here. The updates are essentially in two areas, since most of the guidelines have ...

The Appellate Division has announced that in light of yet another Nor’easter that will hit New Jersey, oral arguments scheduled for tomorrow, March 21, are postponed, and oral argument scheduled for Thursday, March 22, will be heard by telephone. ...