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 ...
McRae v. New Jersey Transit Bus Operations, Inc., 2016 N.J. Super. Unpub. LEXIS 1598 (App. Div. July 8, 2016). Appellate advocates like to write in ways that make an impact. But sometimes they can go too far. In today’s non-precedential, ...
Mammaro v. New Jersey Div. of Child Protection & Permanency, 814 F.3d 164 (3d Cir. 2016). In this case, plaintiff brought a civil rights case against the New Jersey Division of Child Protection and Permanency (“the Division”), supervisors and case ...
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 ...
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 ...
Bacon v. New Jersey State Dep’t of Education, 443 N.J. Super. 24 (App. Div. 2015). Many of us know about so-called “Abbott school districts,” districts in economically distressed urban areas that are named for the Abbott v. Burke cases, which ...
Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called “watchdog” employees (that is, employees whose job it is to bring forward issues relating to, for example, product safety) are protected as whistleblowers by ...
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, ...
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 ...