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Daniels v. Hollister Co., 440 N.J. Super. 359 (App. Div. 2015). Readers of this blog have gotten their fill (including, most recently, here and here) of discussion and analysis of...

The Pitney Bowes Bank, Inc. v. ABC Caging Fulfillment, 440 N.J. Super. 378 (App. Div. 2015). There are not many published appellate opinions that discuss the rules for levying or...

Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to "order … a...

Today, the Supreme Court of New Jersey heard oral argument in this important case. The procedural history of the case is discussed here. The argument ran from just after 10...

Byrd v. Aaron's Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were "objective records" that could "readily identify"...

State v. Perini Corp., 221 N.J. 412 (2015). Three years ago, the Appellate Division issued an opinion that addressed whether the construction statute of repose, N.J.S.A. 2A:14-1.1a, runs from the...

Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The...

Today, in a Notice to the Bar that can be found here, the schedule of summer parts of the Appellate Division was announced. Each pairing of two judges (or, in...

In the wake of Governor Christie's decisions not to reappoint Justices Wallace and Hoens, the New Jersey State Bar Association convened a Task Force to study judicial independence. The Task...

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...