Within hours of the death of Justice Scalia, talk turned to who President Obama might nominate to fill his seat, and whether the United States Senate would consider that nomination...

As discussed here, the en banc Third Circuit was to hear oral argument in this case today, and it did so this morning. The audio of that oral argument, which...

Last night's meeting of the New Jersey State Bar Association's Appellate Practice Committee featured Judge Fisher. He took questions and discussed various issues of practice and the preferences of Appellate...

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...

The Supreme Court of New Jersey Committee on Character evaluates applicants to the New Jersey Bar for their current character and fitness to practice law. [Disclosure: I was a member...

Today is the fifth anniversary of this blog. It has been another interesting year of covering the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit, with...

Ross v. Lowitz, 222 N.J. 494 (2015). This case involved damage resulting from the migration of home heating oil from an underground storage tank on one property onto a neighboring...

There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to...

Morillo v. Monmouth County Sheriff's Officers, 222 N.J. 104 (2015). It has long been the case, especially under the federal Civil Rights Act, 42 U.S.C. §1983, that law enforcement officers...

Templin v. Independence Blue Cross, 785 F.3d 861 (3d Cir. 2015). "A party seeking attorney's fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success' on the...