Erie Ins. Exchange v. Erie Indemnity Co., 68 F.4th 815 (3d Cir. 2023). As Judge Smith stated in his opinion in this case, the Class Action Fairness Act of 2005,...
Pace v. Hamilton Cove, 475 N.J. Super. 568 (App. Div. 2023). Class action waivers have infested numerous areas of our commercial lives, including cellphone contracts, banking agreements, and other documents...
Accounteks.net, Inc. v. CKR Law, LLP, 475 N.J. Super. 493 (App. Div. 2023). The Appellate Division sometimes publishes one version of an opinion and designates as unpublished a longer version...
Today, Governor Murphy announced his nomination of Michael Noriega to the Supreme Court. He would fill the seat that was vacated when Justice Albin reached the mandatory retirement age of...
For many, most law review articles have little relevance. But a recent article by Justice Fasciale, published in the Seton Hall Law Review at 53 Seton Hall L. Rev. 1043...
In re Registrant R.H., 475 N.J. Super. 460 (App. Div. 2023). This opinion by Judge Mayer addressed two consolidated Megan's Law cases. In each case, defendants sought to terminate their...
As discussed here, the Third Circuit proposed earlier this year to amend its Local Appellate Rules to provide that papers received by the Clerk's office after 5 PM Eastern time...
Merck & Co., Inc. v. Ace American Ins. Co., 475 N.J. Super. 420 (App. Div. 2023). Plaintiff ("Merck") suffered a cyberattack from malware known as NotPetya. An expert for Merck's...
Achey v. Cellco Partnership, 475 N.J. Super. 446 (App. Div. 2023). New Jersey and federal law favor arbitration, and courts will often enforce arbitration clauses contained in consumer contracts. But...
As discussed here, Judges Paganelli and Puglisi were temporarily assigned to the Appellate Division from November 14, 2022- January 8, 2023. That assignment, from shortly before Thanksgiving until shortly after...