Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) (“FTCA”), a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
Murphy v. National Collegiate Athletic Association, 138 S.Ct. 1461 (2018). This blog has covered the history of the State of New Jersey’s efforts to overcome the Professional and Amateur Sports Protection Act (“PASPA”), which forbids (with some exceptions not applicable ...
Wisniewski v. Murphy, 454 N.J. Super. 508 (App. Div. 2018). In 2017, the State Capitol Joint Management Commission (“JMC”) resolved to renovate the Statehouse, the building that houses (among other things) the Governor’s office and the Legislature, at a cost ...
American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018). In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here, the Appellate Division invalidated as unconstitutional grants that the Department ...
This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments, and the days following, the courts continued to issue opinions. ...
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 ...
Grimes v. New Jersey Dep’t of Corrections, 452 N.J. Super. 396 (App. Div. 2017). This appeal, decided today, had two unusual wrinkles, apart from its substantive outcome. First, a pro se prisoner plaintiff prevailed over a government agency. Second, a ...
The Supreme Court announced that it has granted certification in five more cases. One of those is a land use matter. The other four run the gamut from administrative law to criminal law to constitutional law to arbitration. Montclair State ...