Rymarkiewicz v. UMDNJ, ___ N.J. Super. ___ (App. Div. 2013). Our courts, especially the appellate courts, bend over backwards to avoid dismissing cases for a party's failure to make discovery....

Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had...

Howard Bashman, who writes the How Appealing blog, has written a very instructive article about how oral argument in the Third Circuit has become increasingly rare since the court year that ended...

Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013). This was a prerogative writ case involving rent control. Plaintiffs were tenants in a building owned by...

Prime Accounting Dep't v. Carney's Point Tp., 212 N.J. 403 (2013). This tax appeal case came about because the defendant municipality's tax assessment list showed plaintiff as the owner of the subject...

Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...

Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in...

Benjamin v. Pennsylvania Dep't of Public Welfare, 701 F.3d 938 (3d Cir. 2012). In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants,...

As part of its constitutional duty to administer all courts in New Jersey, the Supreme Court sometimes finds it necessary to discipine judges. On this date in 2006, the Court...

Badiali v. New Jersey Manufacturers Ins. Group., 429 N.J. Super. 121 (App. Div. 2012). As Judge Fisher noted at the start of his opinion, the Appellate Division previously ruled, in a case...