A recent posting about citations to Wikipedia in the federal Circuit Courts of Appeals leads to the question of what the attitude is toward Wikipedia in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court ...
Last night’s meeting of the NJSBA’s Appellate Practice Committee, of which I am a member and a past Chair, was a roundtable discussion with six distinguished Appellate Division judges. The judges took questions and asked their own questions of those ...
Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012). Plaintiff, a nurse anesthetist at Jersey Medical Center, sued the Medical Center and her immediate employer, Liberty Anesthesia Associates (“Liberty”), for retaliatory discharge, employment discrimination, and other things. Plaintiff ...
Macfarlan v. Ivy Hill SNF, LLC, 675 F.3d 266 (3d Cir. 2012). “Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or she] has previously asserted in the same or ...
Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012). Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time. It is not often that such motions get granted, however, ...
Bull v. United Parcel Service, Inc., 665 F.3d 68 (3d Cir. 2012). “After declaring a mistrial, the District Court dismissed Laureen Bull’s state-law employment discrimination case as a sanction for failing to produce originals of certain medical notes requested by United Parcel ...
A&M Farm & Garden Center v. American Sprinkler Mechanical, LLC, 423 N.J. Super. 528 (App. Div. 2012). No matter how often the courts inveigh against the failure of attorneys and parties to follow the detailed procedures of Rule 4:23-5 as regards dismissals with ...
In an order entered yesterday and issued per curiam, on behalf of the entire Third Circuit Court of Appeals, Chief Judge McKee directed that “a three-judge Standing Motions Panel is hereby appointed to rule on all motions to exceed the page/word ...
The Supreme Court of New Jersey has historically been willing to adopt the views of the American Law Institute, as stated in its various Restatements of the Law, including, in particular, the Restatement (Second) of Trusts. E.g., McKelvey v. Pierce, 173 ...
Baskett v. Cheung, 422 N.J. Super. 377 (App. Div. 2011). The facts of this case, detailed in the opinion of Judge Harris for this appellate panel, were about as egregious as they come. Plaintiffs’ original counsel had an internal office communications snafu, resulting ...