Effective December 1, 2013, amendments to several Federal Rules of Appellate Procedure (“FRAP”) became effective. There are changes, all of which relate to appeals from the United States Tax Court, to FRAP 13, 14, and 24. There are also revisions ...
Atlantic Marine Const. Co. v. U.S. District Court, 571 U.S. ___ (2013). This case offers a lesson in differentiating when, in a contract case where the applicable agreement contains a forum selection clause, it is appropriate to file a motion ...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ...
Five years ago today, the Appellate Division decided Grow Company, Inc. v. Chokshi, 403 N.J. Super. 443 (App. Div. 2008). There, Judge Fisher, writing for the panel, produced a seminal opinion that emphatically expressed the Appellate Division’s disapproval of tactics ...
Most judges dislike briefs that assert that an adversary’s legal argument is “ridiculous,” “absurd,” “preposterous,” or the like. Judges often say that a statement that an opposing position is “without merit” or some other less charged verbiage suffices to convey ...
The Ninth Circuit Court of Appeals has published “The Appellate Lawyer Representatives’ Guide to Practice in the United States Court of Appeal for the Ninth Circuit.” That Guide is available here. While the Guide focuses specifically on practice in the ...
This seminar, sponsored by the Morris County Bar Association, took place last night. The headliners of the panel of presenters were Justice Patterson and Judges Axelrad, Sabatino, and Stern. [Disclosure: As discussed here, I was also one of the panelists]. ...
This seminar, previously mentioned here, has the official title of “Building the Trial Record and Arguing it on Appeal.” [Disclosure: As you can see in the link, I am one of the panelists]. A copy of the published advertisement for the ...
Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today’s opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (“CEPA”), written by Judge Fuentes, reversed a summary judgment in favor of the defendant employer. Relying in part ...
The title of this post is the title of an e-mail that went to members of the Morris County Bar Association to announce a seminar on appellate practice that will be held on September 16, 2013 at the Westin Governor ...