State v. Fair, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Fisher began his opinion for the Appellate Division in this matter: “Defendant was charged in a one-count indictment of making terroristic threats within the meaning of ...
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 Supreme Court Civil Practice Committee just issued its 2020 report about proposed (and rejected) amendments to the New Jersey Court Rules. The full report is available here. Comments on that report are due by March 20, 2020. There are ...
Today, the Appellate Division published a notice to the bar that was dated August 17, 2016. That notice can be found here. The notice advises of several procedural refinements that the Appellate Division is implementing. Any decision that includes a ...
State Nat’l Ins. Co. v. County of Camden, 824 F.3d 399 (3d Cir. 2016). The case underlying today’s 2-1 decision involved claims of legal malpractice. The procedural history was a tortuous one. Ultimately, applying a “strict” view of a number ...
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 ...
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, ...
Witasick v. Minnesota Mutual Life Ins. Co., 803 F.3d 184 (3d Cir. 2015). This was an insurance coverage case. It had a lengthy procedural history, one that implicated criminal as well as civil proceedings. The District Court had granted a ...
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 ...
Jennings v. Stephens, ___ U.S. ___ (2015). There is a settled principle that an appellate court may affirm on any basis, even if that basis was not relied on by the trial court, and respondents (or, in the federal system, appellees) are ...