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Last Thursday, I argued an appeal in the Third Circuit before Judges Chagares, Jordan, and Vanaskie. Ours was the second of two appeals to be argued that day. At the...

Costa v. Costa, 440 N.J. Super. 1 (App. Div. 2015). This decision today by Judge Leone is a matrimonial appeal. Plaintiff Sandra Costa and defendant Paulo Costa, having married in...

Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule...

Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey's entire controversy doctrine ("ECD"). Some federal judges, not so much. This opinion,...

As previewed here, today was the day on which the Supreme Court heard oral argument on the application of the Fair Share Housing Center to hold the Council on Affordable...

Rosenstein v. State of New Jersey, Dep't of Treasury, 438 N.J. Super. 491 (App. Div. 2014). As this concise opinion by Judge Fisher today explains, in 2011, as part of...

When last we left the saga of the Council on Affordable Housing ("COAH") and its "third round rules" for the calculation of municipal obligations for low and moderate-income housing, the...

Davis v. Husain, 220 N.J. 270 (2014). "Post-verdict ex parte communication between the trial court and jurors cannot be countenanced." That is the holding of today's opinion, for a unanimous Supreme...

Rutgers University Student Assembly v. Middlesex Cty. Bd. of Elections, 438 N.J. Super. 93 (App. Div. 2014). Plaintiffs challenged the constitutionality of N.J.S.A. 19:31-6.3b, which, as Judge Haas described it...

In an article in Tuesday's New York Times, Adam Liptak reported that opponents of same-sex marriage are challenging the composition of Ninth Circuit panels that have heard cases involving gay...