Our Supreme Court denies far more petitions for certification than it grants. Many people think that a denial of certification means that the Court has ruled in favor of the opponent of certification. In fact, that is not so. In ...
August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from the current Term. This year is no exception. So far, ...
Lawson v. Dewar, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Fisher was made on summary disposition, a rare occurrence in our appellate courts. In the first paragraph of the opinion, Judge Fisher emphasized that the opinion ...
At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle ...
Tully v. Mirz, 457 N.J. Super. 11 (App. Div. 2018). This opinion by Judge Geiger today addresses the question of what claims, between two owners of a closely-held corporation, are properly considered derivative claims and what claims are correctly treated ...
Piech v. Layendecker, 456 N.J. Super. 367 (App. Div. 2018). This opinion by Judge Fasciale effectively summarizes all the issues, and the result on each issue, in its opening paragraph. “This personal injury social-guest liability case deals with flawed jury ...
In re Accutane Litig., 2017 WL 3138003 (App. Div. July 25, 2017). [Disclosure: I argued for the successful plaintiffs in one of these two consolidated appeals, the one that involved the NJPLA.] The New Jersey Product Liability Act, N.J.S.A. 2A:58C-4 ...
Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016). Federal Rule of Appellate Procedure 10(c) deals with the circumstance in which a transcript of a District Court hearing or trial is unavailable. In such a case, the appellant “may prepare ...
State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law Division denied their application. Both defendants were found guilty. Both ...
L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order (“FRO”) against defendant in the Family Part because defendant had assaulted plaintiff on multiple occasions. The FRO resulted from a ...