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Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015). Apart from funeral directors, their attorneys, and a small number of judges, it's likely that few people...

The Supreme Court announced yesterday that Justice Fernandez-Vina recently had eye surgery and is scheduled for another operation "in the near future" as well. Accordingly, he will not be participating...

Chief Justice Rabner announced yesterday that Judges Karen Suter and Francis Vernoia are being temporarily assigned to the Appellate Division. For the period of October 19 through December 27, 2015,...

Kaye v. Rosefielde, 223 N.J. 218 (2015). Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013), discussed here, seemed destined for Supreme Court review. The Court did grant review,...

Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015). For a single judge on a three-judge Third Circuit panel to issue a concurring opinion is...

Jack Trubenbach may be the most important person at the Appellate Division whom few people know about. For exactly 36 years, beginning on September 1, 1979, he has been with...

Opderbeck v. Midland Park Bd. of Educ., 442 N.J. Super. 40 (App. Div. 2015). The Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 ("OPMA"), adopted in 1975, requires advance notice...

In re Tribune Media Company, 799 F.3d 272 (3d Cir. 2015). Roughly one month ago, Judge Krause authored a powerful concurring opinion in In re One2One Communications, LLC, 805 F.3d...

Regular readers of this blog have seen frequent criticism of the class action "ascertainability" doctrine espoused by Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Recently, as discussed...

State v. Buckner, 223 N.J. 1 (2015). In one of the biggest cases of the current the Supreme Court term, the Court today upheld the practice of permitting retired judges...