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...
Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant's fueling station. The boat's tank overflowed with gasoline,...
Yesterday, President Obama resubmitted the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals, one of 33 judicial renominations (and one of seven Circuit Court renominations)...
On this date in 2005, the Supreme Court of New Jersey began to provide live webcasts of its oral arguments. The very first case argued, NCP Litigation Trust v. KPMG...
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...
As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action...
