In re NFL Players Concussion Injury Litig., 821 F.3d 410 (3d Cir. 2016). Too often, objectors to settlements of class action litigation “risk making the perfect the enemy of the good,” to quote Judge Ambro’s opinion for the Third Circuit ...
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 ...
Berkowitz v. Soper, 443 N.J. Super. 391 (App. Div. 2016). In this auto accident case, defendant was unexpectedly hospitalized for a “heart issue” two business days before trial was to begin. Defendant sought to adjourn the trial briefly so that ...
Silviera-Francisco v. Elizabeth Bd. of Educ., 224 N.J. 126 (2016). “Whether a trial court order is final or interlocutory has bedeviled courts and attorneys for decades.” So said Judge Cuff in her opinion for the Court today in this matter, ...
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 846 (2016). The Supreme Court of the United States has made some dreadful decisions in the class action area, including notorious rulings restricting class certification, making it harder for plaintiffs to use expert ...
Major v. Maguire, 224 N.J. 1 (2016). The Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, permits grandparents to apply for visitation rights with their grandchildren even where the children’s parents object. In Moriarity v. Bradt, 177 N.J. 84 (2003), the Supreme Court ...
Cho v. Trinitas Regional Medical Center, 443 N.J. Super. 461 (App. Div. 2015). In this medical malpractice case, the only remaining defendant, a doctor, filed what was labeled as “motions in limine” on the day before a jury was to ...
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 Petition for Referendum to Repeal Ordinance 2354-12 of West Orange Tp., 223 N.J. 589 (2015). This appeal involved the timeliness of a challenge to a bond ordinance for redevelopment work that was adopted by the Township of West ...
In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015). Many intermediate appellate courts frequently issue opinions that affirm on the basis of rulings by trial level judges. New Jersey’s Appellate ...