NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

The "Short and Plain Statement" Requirement of Rule 8 of the Federal Rules of Civil Procedure

Garrett v. Wexford Health, 938 F.3d 69 (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that "were deliberately indifferent to...

Third Circuit Roundup

Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions....

The Three Tests for Confidentiality of Litigation Documents

In re Avandia Marketing, Sales Practices and Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline ("GSK") had...

The Meaning of "Is Violating" or "Is About to Violate the Law" Does Not Cover Past Violations

Federal Trade Commission v. Shire Viropharma, Inc., 917 F.3d 147 (3d Cir. 2019). A former President of the United States famously uttered the statement that, in interpreting his testimony under...

David Porter is Confirmed to a Third Circuit Seat

In April, this blog reported on the nomination of David Porter to the Third Circuit Court of Appeals. Despite the opposition of one of his home state Senators, Robert Casey,...

ADA Class Action Plaintiffs Win on Standing, but Lose (For Now) on Class Certification

Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (3d Cir. 2018). This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District...

In Rare Cases, Attorneys' Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that "[a]ttorneys' fees and costs are...

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...

The Third Circuit Will Post Video of Certain Oral Arguments

Last Friday, the Third Circuit announced that it will begin to post on its website, www.ca3,uscourts.gov, "videos of oral arguments in select cases," more specifically, those that are "deemed to...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....