Ethypharm S.A. Fr. v. Abbott Labs., 707 F.3d 223 (3d Cir. 2013). This is an antitrust standing case. The Third Circuit's opinion, written by Judge Jordan, found that plaintiff had...

Prime Accounting Dep't v. Carney's Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality's tax assessment list showed plaintiff as the owner of the subject...

Sayles v. G&G Hotels, Inc., 429 N.J. Super. 266 (App. Div. 2013). This case involved the interpretation of an indemnification clause. In his opinion for the panel, Judge Fisher unpacked a "complex" provision...

Mastropole v. Giunta, 2012 N.J. Super. LEXIS 86 (App. Div. Jan. 15, 2013). This is a contract case that my colleague Marissa L. Quigley and I handled under the Appellate Division's...

Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...

Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee...

At last night's NJSBA Appellate Practice Committee meeting, we heard a report on Appellate Division statistics for the preceding court year (the meeting was to have occurred in the fall...

In separate Orders issued on January 4 and made public today, Chief Justice Rabner has reassigned Judge Ashrafi to Part G of the Appellate Division and Judge Hayden to Part...

This first post of 2013 discusses a fundamental principle of appellate review: "our appellate courts will decline to consider questions or issues not properly presented to the trial court when...

Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in...