The Supreme Court announced today that Judge Espinosa has been temporarily assigned to Part E of the Appellate Division from September 1 through September 30, 2017. That Order amends the General Assignment Order for 2017-18, discussed here, from which Judge ...
McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017). In general, employees who leave work voluntarily are disqualified from obtaining unemployment benefits. In 2015, the unemployment statute, N.J.S.A. 43;21-5(a), was amended to exempt from disqualification “an individual ...
City Select Auto Sales, Inc. v. BMW Bank of North America Inc., 867 F.3d 434 (3d Cir. 2017). Judge Scirica, who wrote the Hayes and Carrera opinions that form the backbone of the Third Circuit’s ascertainability doctrine in class action ...
Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a particular municipality in the hands of a Planning Board and/or ...
When Are Federal and State Court Cases “Parallel Proceedings” for Declaratory Judgment Act Purposes?
Kelly v. Maxum Specialty Ins. Group, 868 F.3d 274 (3d Cir. 2017). Judge Chagares began one of the early paragraphs of today’s opinion for the Third Circuit in this Declaratory Judgment Act, 28 U.S.C. §2201-2202 (“DJA”), case this way: “Whether a ...
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been ...
In re Howmedica Osteonics Corp., 867 F.3d 390 (3d Cir. 2017). Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, ...
Bisbing v. Bisbing, 230 N.J. 309 (2017). Justice Patterson began her opinion in this case, for a unanimous Court, as follows. “This appeal arises from a trial court’s post-judgment determination authorizing a mother to relocate with her children out of ...
Chief Justice Rabner has announced that Judge Lisa Rose is being temporarily assigned to the Appellate Division, Part A, for the period of September 11-November 19, 2017. As reported here, the General Assignment Order for 2017-18 made provision for a ...
In re Atlantic County, 230 N.J. 237 (2017); In re New Jersey Firemens Association Obligation to Provide Relief Application Under Open Public Records Act, 230 N.J. 258 (2017). On Wednesday and Thursday of this week, Justice Solomon issued two opinions ...