B.H. v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013). The majority opinion in this en banc case, written by Judge Smith, begins as follows. "Once again, we...
Farmers Mut. Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass'n, 215 N.J. 552 (2013). Today's unanimous opinion by Justice Albin addresses the proper allocation of environmental cleanup...
This seminar, sponsored by the Morris County Bar Association, took place last night. The headliners of the panel of presenters were Justice Patterson and Judges Axelrad, Sabatino, and Stern. [Disclosure:...
Lightner v. 1621 Route 22 West Operating Co., LLC, 729 F.3d 235 (3d Cir. 2013). This short decision by Judge Ambro addressed a narrow question: when does the mootness of...
The Appellate Division has announced new procedures for emergent applications. The Notice to the Bar that details those procedures is available here. The key change is that the Appellate Division...
This seminar, previously mentioned here, has the official title of "Building the Trial Record and Arguing it on Appeal." [Disclosure: As you can see in the link, I am one of...
Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today's opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), written by Judge Fuentes, reversed a summary...
Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). This first post of the 2013-2014 Term focuses on the longest published decision issued by the Appellate Division in the just-ended 2012-2013...
It was announced today the Chief Justice Rabner has temporarily elevated Judges Garry S. Rothstadt and Amy O'Connor to the Appellate Division. The two judges will serve there from September...
Alicea v. Board of Review, 432 N.J. Super. 347 (App. Div. 2013). In Rivera v. Board of Review, 127 N.J. 578 (1992), a case that, like today's decision, involved a...