In re Odyssey Contracting Corp., ___ F.3d ___ (3d Cir. 2019). Odyssey Contracting Corp. and L&L Painting Co., Inc., were (respectively) a subcontractor and the prime contractor on a project to repaint a bridge. They got into a payment dispute ...
The bane of every appellate practitioner’s existence is the dreaded deficiency notice from the Appellate Division. Last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee included a discussion of the most common deficiencies in briefs and ...
The Third Circuit has scheduled the next Third Judicial Conference for May 13-15, 2020 at the Penn’s Landing Hilton in Philadelphia. As discussed here, the Court had previously announced a Spring 2020 Judicial Conference in Philadelphia, but now actual dates ...
Goldfarb v. Solimine, 460 N.J. Super. 22 (App. Div. 2019). Everyone has their favorite judge(s) before whom they would prefer to try a case. In this case, “a defense attorney, in an ex parte communication, sought [a particular] judge’s assignment ...
State in the Interest of D.M., 238 N.J. 2 (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues ...
Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff’d o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will not consider issues that have not been raised below. But ...
On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case. That is still the leading case on the question of the ...
Salazar v. MKGC + Design, 458 N.J. Super. 551 (App. Div. 2019). In Thabo v. Z Transp., 452 N.J. Super. 359 (App. Div. 2017), discussed here, the Appellate Division made clear that before a complaint can be dismissed with prejudice ...
Robinson v. First State Community Action Agency, 920 F.3d 182 (3d Cir. 2019). This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”). Plaintiff and defendant, who is plaintiff’s ...
Park Crest Cleaners, LLC v. A Plus Cleaners & Alterations Corp., 458 N.J. Super. 465 (App. Div. 2019). This opinion by Judge Fisher today dismissed an appeal under convoluted facts. To dramatically oversimplify (and it’s worth reading the opinion, which, ...