Today is Administrative Professionals’ Day, an occasion that when first instituted was known as Secretaries’ Day but has since evolved, wisely, into its current form. Even more than most attorneys, those of us who handle appellate matters are indebted to ...
McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013). This opinion by Judge Ashrafi addresses a number of evidence issues. The most important, however, relates to the decision of the Law Division to limit plaintiff to one expert witness ...
Erie Molded Plastics, Inc. v. Nogah, LLC, 2013 U.S. App. LEXIS 5991 (3d Cir. March 26, 2013). In a commercial case, defendant advised its attorneys that it would no longer pay them and would soon file for bankruptcy. The attorneys ...
Wiest v. Lynch, 701 F.3d 121 (3d Cir. 2013). This is a very interesting case brought under the whistleblower protections of the Sarbanes-Oxley Act, 18 U.S.C. §1514A, and Pennsylvania law. The Third Circuit, voting 2-1, reversed in part a summary that had been ...
Normally, when the Appellate Division perceives that a purported appeal as of right, which must be from a final judgment, is in fact an interlocutory appeal from a non-final judgment, the court will dismiss the appeal. That is because there ...
, 707 F.3d 223 (3d Cir. 2013). This is an antitrust standing case. The Third Circuit’s opinion, written by Judge Jordan, found that plaintiff had no antitrust standing. From an appellate practice perspective, though, the opinion contains two important principles, one of ...
Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that one’s position on a particular legal issue is not correct. The ...
Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee of an independent contractor whom Wal-Mart hired to do pest ...
In re Arthur Baldwin, 700 F.3d 122 (3d Cir. 2012). This was an adversary proceeding in bankruptcy, involving claims of breach of the fiduciary duty of care and loyalty, and deepening insolvency, against sixteen former officers and directors of the debtor, a ...
Machado-Rodriguez v. Shinseki, 700 F.3d 48 (1st Cir. 2012). This was an employment discrimination case, a type of lawsuit that the First Circuit Court of Appeals recognized is often complex. Summary judgment was granted against the employee, who appealed to the First Circuit. But ...