The Third Circuit announced today that it “is open for business and will fulfill its constitutional and statutory obligations and responsibilities.” Oral arguments will continue as scheduled, but merits panels “will determine the manner of argument.” Parties may file a ...
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 ...
White Glove Hospitality, LLC v. Stockton University, 2018 WL 1352589 (App. Div. March 16, 2018). Many seminars and articles about appellate practice focus on tips for writing better briefs or making more compelling oral arguments. Preparing a proper appendix, a ...
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 ...
The Supreme Court has published for comments the report of its Civil Practice Committee. The report is available here. The Committee has proposed revisions to three appellate rules. There are two proposed changes to Rule 2:6-2. Revised Rule 2:6-2(a)(1) would ...
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 ...
Electronic filing in the New Jersey appellate courts has been on the way for several years. Previous steps toward that end were discussed here and here. Today, attorneys and firms who use the Judiciary Account Charge System (“JACS”) were notified ...
Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits. The ...
Last night’s meeting of the NJSBA’s Appellate Practice Committee, of which I am a member and a past Chair, was a roundtable discussion with six distinguished Appellate Division judges. The judges took questions and asked their own questions of those ...
Barna v. Maldonado, 2011 WL 5244968 (App. Div. Nov. 4, 2011). The two appellants, who were plaintiffs in this case, appeared pro se. In the Law Division, they had won a jury verdict of $1,050 in their dispute with their neighbor, defendant Maldonado, ...