On this first workday after the big blizzard, what could be more appropriate than an article from a legal publication from Buffalo, NY, a place where they really know big snowfalls? This piece is from the Buffalo Law Journal, and ...
Last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee featured Judge Fisher. He took questions and discussed various issues of practice and the preferences of Appellate Division judges (or at least his own preferences). Judge Fisher ...
This first post of 2016 reminds us all that appellate courts all have rules that dictate even mundane matters, such as the color of brief covers. Appellate judges take those rules seriously, since those rules enable judges to know at ...
In re New Jersey Firemen’s Ass’n Obligation to Provide Relief Applications Under the Open Public Records Act, 443 N.J. Super. 238 (App. Div. 2015). The OPRA (Open Public Records Act) opinions just keep on coming. This lengthy opinion by Judge ...
Bandler v. Melillo, 443 N.J. Super. 203 (App. Div. 2015). It is a venerable rule that a party may appeal only a judgment, not the contents of an opinion that supports the judgment. Thus, if a party is not contesting ...
Witasick v. Minnesota Mutual Life Ins. Co., 803 F.3d 184 (3d Cir. 2015). This was an insurance coverage case. It had a lengthy procedural history, one that implicated criminal as well as civil proceedings. The District Court had granted a ...
This is a guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC. Shipyard Associates, L.P. v. City of Hoboken, 2015 N.J. Super. Unpub. LEXIS 2117 (App. Div. Sept. 1, 2015). The Appellate Division yesterday reaffirmed the ...
In a Notice to the Bar issued today, which is available here, Judge Messano announced new guidelines for emergent applications in the Appellate Division. Those guidelines will take effect on September 14, 2015. There will also be a revised Application ...
There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to become an amicus curiae (in English, a friend of the ...
The point has often been made, including here and here, that appellants’ briefs are best off if they focus on the few best arguments available, rather than raising every conceivable argument in the hope that something will bring reversal. Now, ...