One Step Up, Ltd.v. Sam Logistic, Inc., 419 N.J. Super. 500 (App. Div. 2011). This opinion by Judge Graves contains a good discussion of a bailor’s rights and responsibilities in connection with conversion claims. That discussion is probably the reason why the ...
Orner v. Liu, 419 N.J. Super. 431 (App. Div. 2011). This case involved a motion under several sections of Rule 4:50-1 for relief from a judgment. Defendants, the movants, waited until one day less than one year from the entry of the ...
Conforti v. Kantorowski, 2011 WL 1433764 (App. Div. April 15, 2011). The Appellate Division often expresses displeasure, or worse, with stratagems designed to obtain immediate appellate review of a decision that is in fact interlocutory and therefore not immediately reviewable except on ...
On this date in 2008, the Supreme Court of New Jersey decided Wein v. Morris, 194 N.J. 364 (2008). That case involved an order dismissing a lawsuit and directing that the matter be arbitrated pursuant to an arbitration agreement between the ...
In re Caterbone, 640 F.3d 108 (3d Cir. 2011). Stanley Caterbone filed a Chapter 11 bankruptcy petition. The Trustee successfully moved to have the petition dismissed on various grounds. The dismissal was entered on October 3, 2006 and the dismissal order was ...
The Supreme Court has amended Rule 1:13-9, which deals with amici curiae. The amendment provides that where the Supreme Court or the Appellate Division has directed the parties to submit briefs on an “accelerated” schedule, “an amicus curiae shall file ...
GMAC v. Pittella, 205 N.J. 572 (2011). In Wein v. Morris, 194 N.J. 364 (2008), the Supreme Court used its rulemaking power to amend Rule 2:2-3(a) to add orders compelling arbitration to the list of interlocutory orders that are deemed final for ...
Tri-M Group, LLC v. Sharp, 638 F.3d 406 (3d Cir. 2011). In this case, the Third Circuit affirmed a district court ruling that Delaware’s Prevailing Wage Regulations unlawfully discriminated against out-of-state contractors, in violation of the dormant Commerce Clause. For appellate practitioners, ...
Imagine that someone assembled Bill Russell, Magic Johnson, Larry Bird, Michael Jordan, and Kobe Bryant to discuss how to win NBA championships. The parallel to such a gathering, for those interested in appellate practice, was tonight’s seminar entitled “Appellate Advocacy in ...
Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011). It’s not often that a case from the Virgin Islands affects the law of appellate practice in the Third Circuit generally. This case, however, deals with two important appellate ...