The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has issued a preliminary draft of amendments to various rules, including Federal Rules of...

Holtham v. Lucas, 460 N.J. Super. 308 (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, "[a]ccording to well-settled contract law,...

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New...

Paladino v. Auletta Enterprises, Inc., 459 N.J. Super. 365 (App. Div. 2019). The work product privilege, or "work product doctrine," as it is also sometimes labeled, was first recognized by...

Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743 (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) ("CAFA") made it...

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have...

State in the Interest of D.M., 238 N.J. 2 (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the...

Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered...

McClain v. Board of Review, 237 N.J. 445 (2019). This appeal actually involved two consolidated cases, each of which was the subject of a published opinion in the Appellate Division....

On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case. That...