I have an oral argument coming up in the Colorado Court of Appeals, the intermediate state appellate court there. That court offers some helpful tips about oral argument, under the headings of “Advance Preparation,” “Being Persuasive,” and “Some Things to ...
Today’s seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal. Judge Messano, who headed up the panel, began by stating that the panel hoped actiually to make this topic ...
Ramirez v. Vintage Pharmaceuticals, LLC, 852 F.3d 324 (3d Cir. 2017). The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to ...
On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide ...
Rippon v. Smigel, 449 N.J. Super. 344 (App. Div. 2017). This opinion by Judge Haas today reverses a dismissal that was based on lack of personal jurisdiction, forum non conveniens, and res judicata. The main reason was the state of ...
Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017). On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed here. In that opinion, the panel dismissed defendant’s cross-appeal from ...
Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017). In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict. As Judge Rothstadt noted in his opinion in this case today, such ...
Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (App. Div. 2017). In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was ...
This morning, the Appellate Division issued a Notice to the Bar, available here, to remind practitioners and appellants that, effective on January 1, 2017, appeals to the Appellate Division on pretrial detention matters must be filed electronically. The notice also ...
J.S. v. D.S., 448 N.J. Super. 17 (App. Div. 2016). Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige. This opinion by Judge Fisher yesterday in a domestic violence final restraining order case ...