Spade v. Select Comfort Corp., 232 N.J. 504 (2018). [Disclosure: My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case,...
The White House announced two nominees to fill seats on the Third Circuit Court of Appeals. They are Paul Matey of New Jersey and David Porter of Pennsylvania. Matey is...
Morris v. T.D. Bank, 454 N.J. Super. 203 (App. Div. 2018). This case arose out of a robbery at a T.D. Bank in Union, New Jersey. Plaintiff, an African-American man,...
Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division. Both judges will serve in the Appellate...
Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions. Rarely does that succeed. On this day in 1972, however, the Supreme Court, acting...
Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018). This putative class action case, brought by consumers in four states, asserted that "Oakridge" roof shingles sold by defendants ("Owens...
In re Trust of Violet Nelson, 454 N.J. Super. 151 (App. Div. 2018). As Judge Ostrer stated in his opinion in this case today, the issue was "whether a trial...
Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice. Examples of that were discussed here and here. At last...
The Supreme Court announced this afternoon that it has granted certification in four new cases, all criminal matters. Here is the summary. In State v. Nelson, the question presented, as...
City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act ("TCPA") case, involving unwanted faxes, was tried to a...
