Hamer v. Neighborhood Housing Services of Chicago, 138 S.Ct. 13 (2017). In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal filing deadline mandated by statute is jurisdictional, meaning that a ...
If there is one case that every New Jersey litigator, and even most non-litigators, know, it is Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995). That opinion, written by Justice Coleman for a unanimous Supreme Court, was issued ...
The Supreme Court announced yesterday that it has granted review in two new cases. The first is Willner v. Vertical Reality, Inc. The question presented there, as phrased by the Supreme Court Clerk’s Office, is “Among other issues, was plaintiff ...
L.C. v. M.A.J., 451 N.J. Super. 408 (App. Div. 2017). In Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2016), discussed here, Judge Espinosa wrote an opinion that stated emphatically that a motion in limine right ...
Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (“CEPA”) protects “employees who report illegal or unethical work-place activities.” CEPA defines an “employee” as ...
In re Howmedica Osteonics Corp., 867 F.3d 390 (3d Cir. 2017). Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, ...
The Judicial Conference Advisory Committee is seeking comments on proposed changes to the Federal Rules of Appellate Procedure (as well as proposed changes to other sets of federal rules). The details are here. The Federal Rules of Appellate Procedure that ...
The Supreme Court announced late yesterday that it has granted certification in three more cases. In the first matter, Serico v. Rothberg, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiff waive her right 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 ...
In recent years, acceptance by the Supreme Court of questions certified to it by the Third Circuit Court of Appeals under Rule 2:12A has become somewhat more frequent, though still not a regular occurrence. Today, May 16, however, is the ...