Caporusso v. New Jersey Dep't of Health & Senior Services, 434 N.J. Super. 88 (App. Div. 2014). The prerogative writ of mandamus is the centerpiece of this opinion by Judge...
McGlynn v. State of New Jersey, 434 N.J. Super. 23 (App. Div. 2014). This was a negligence and wrongful death case. Suit was brought against various defendants, including Jersey Central Power...
Midland Funding, LLC v. Albern, 433 N.J. Super. 494 (App. Div. 2013). "[I]s a defendant, who, in responding to a complaint, moved for dismissal but did not file an answer...
In re Proposed Quest Academy Charter School, 216 N.J. 370 (2013). In this unanimous opinion, fittingly written by Justice LaVecchia given her Office of Administrative Law background, the Supreme Court...
Appeals About Issues Decided by State Agency Must Go to the Appellate Division, Not the Law Division
Beaver v. Magellan Health Services, Inc.. 433 N.J. Super. 430 (App. Div. 2013). "Under what circumstances may a litigant pursue common law and statutory causes of action in the Law...
Effective December 1, 2013, amendments to several Federal Rules of Appellate Procedure ("FRAP") became effective. There are changes, all of which relate to appeals from the United States Tax Court,...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff...
There are many, many decisions, including this published ruling by Judge Lihotz, that implement the directive of Rule 1:7-4 that a trial judge "shall, by an opinion or memorandum decision, either...
Most judges dislike briefs that assert that an adversary's legal argument is "ridiculous," "absurd," "preposterous," or the like. Judges often say that a statement that an opposing position is "without...
Delaware Coalition for Open Government, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013). It is rare that judges, and a court, are defendants in a lawsuit. It is even...
