Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to “order … a transcript of such parts of the proceedings not already on ...
Lawyers, and their clients, often want to file longer appellate briefs than the rules allow, or than judges desire. When the length of appellate briefs was governed by page limits, some briefs began to appear with text, which had to ...
Cottillion v. United Refining Co., 781 F.3d 47 (3d Cir. 2015). This opinion by Judge Ambro, issued today, affirmed a summary judgment in favor of plaintiffs and a class in an Employment Retirement Income Security Act (“ERISA”) case. This post, ...
Delray Holding, LLC v. Sofia Design & Development, 439 N.J. Super. 502 (App. Div. 2015). Two real estate development entities (“the Sofia Entities”) went into bankruptcy and, during bankruptcy proceedings, settled claims that they had against two other real estate development entities ...
The Third Circuit has proposed a set of Rules of Attorney Discipline Enforcement for public comment. The text of the proposed rules can be found here. In summary, the proposal provides for discipline for attorneys who are convicted of “a ...
Jennings v. Stephens, ___ U.S. ___ (2015). There is a settled principle that an appellate court may affirm on any basis, even if that basis was not relied on by the trial court, and respondents (or, in the federal system, appellees) are ...
Moran v. Board of Trustees, Police & Firemen’s Retirement System, 438 N.J. Super. 346 (App. Div. 2014). This appeal was by a firefighter who sought an accidental disability retirement pension under N.J.S.A. 43:16A-7. Here is the first paragraph of Judge Reisner’s ...
In a Notice to the Bar that was published today, the Supreme Court announced that a number of fees in various courts will increase as of November 17, 2014. Of particular interest to appellate practitioners, the fee for filing a ...
Last night, the Morris County Bar Association presented “New Jersey Appellate Practice: Tips from the Bench and Bar.” The program and participants were discussed here. Roughly 125 people attended, and everyone learned some new things and heard again some familiar things. ...
New Century Financial Services, Inc. v. Oughla, 437 N.J. Super. 299 (App. Div. 2014). This case encompassed two consolidated collection cases. Opposing counsel in these matters regularly face off against each other in high-volume collection cases and each is familiar with many ...