The New Term's First Grant of Supreme Court Review

Kicking off its new term, the Supreme Court announced its first grant of review last Friday. The Court granted leave to appeal in State v. Dickerson, another case under the...

Three More Cases to be Reviewed by the Supreme Court

Today, the Supreme Court announced that it has granted review in three cases. All three cases involve grants of certification, and one of them also is an appeal as of...

Election Law Enforcement Commission Can Pursue Complaint Against Essex County Executive

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...

Judge Espinosa Returns to the Appellate Division (Temporarily)

The Supreme Court announced today that Judge Espinosa has been temporarily assigned to Part E of the Appellate Division from September 1 through September 30, 2017. That Order amends the...

A 2015 Amendment to the Unemployment Insurance Statute is Construed Favorably to a Claimant

McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017). In general, employees who leave work voluntarily are disqualified from obtaining unemployment benefits. In 2015, the unemployment statute,...

A Retreat From the Third Circuit's Misguided Class Action Ascertainability Doctrine, and a Wise Concurrence by Judge Fuentes

City Select Auto Sales, Inc. v. BMW Bank of North America Inc., 867 F.3d 434 (3d Cir. 2017). Judge Scirica, who wrote the Hayes and Carrera opinions that form the...

Municipal Planning and Zoning Boards Lack Power Over State University Development Proposals

Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a...

When Are Federal and State Court Cases "Parallel Proceedings" for Declaratory Judgment Act Purposes?

Kelly v. Maxum Specialty Ins. Group, 868 F.3d 274 (3d Cir. 2017). Judge Chagares began one of the early paragraphs of today's opinion for the Third Circuit in this Declaratory Judgment...

Pharmaceutical Patent Antitrust Class Action Complaints Stated Plausible Claims for Relief, so the Third Circuit Reverses the Dismissal of Those Cases

In re Lipitor Antitrust Litig., 868 F.3d 231 (3d Cir. 2017). It is evident that an appeal is a big one when, as here, the caption and counsel list consume...

Plaintiff is Over the Moon, as the Third Circuit Applies New Jersey's Arbitration Cases to Defeat Defendant's Demand for Arbitration

Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219...

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239…