Cherokee LCP Land, LLC v. Linden Planning Bd., 234 N.J. 403 (2018). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”) confers standing to actions of municipal land use agencies only on those who qualify as an “interested party.” ...
Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (3d Cir. 2018). This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District Court decision that granted class certification in this case under ...
Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018). In the usual foreclosure case, the same entity owns both the note and the related mortgage. The facts of today’s opinion by Judge Koblitz, however, were that the ...
This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments, and the days following, the courts continued to issue opinions. ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels. One of those levels– that prescription eye drop medication is delivered ...
New Jersey Election Law Enforcement Commission v. DiVincenzo, 451 N.J. Super. 554 (App. Div. 2017). In 2011, the New Jersey Election Law Commission (“ELEC”), an independent four-member body that enforces the Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 to ...
Susinno v. Work Out World, Inc., 862 F.3d 346 (3d Cir. 2017). Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), discussed here, was a case in which class action defendants put great stock. They hoped to use it to defeat ...
The Supreme Court has granted review in four more cases. In Cherokee LCP Land, LLC v. City of Linden Planning Bd., the question presented, as phrased by the Supreme Court Clerk’s Office, is “Do plaintiffs have a sufficient interest in ...
Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, 450 N.J. Super. 1 (App. Div. 2017). Judge Fisher often is able to write remarkably concise opinions, as shown (for example) here and here. In this appeal, however, Judge Fisher set the ...