J. McIntyre Machinery, Ltd. v. Nicastro, 131 U.S. 2780 (2011). Lawyers and judges sometimes refer to new cases that grow out of an older, seminal case as the "progeny" of...
Triffin v. Capital One, 2011 WL 2848271 (App. Div. July 20, 2011). Under Rule 1:36-3, "[n]o unpublished opinion shall constitute precedent," and "except to the extent required by res judicata, collateral estoppel, the single...
Chief Justice Rabner announced today that, effective August 1, 2011, Judges Hayden, Ostrer and St. John were all being elevated to the Appellate Division. All three of those judges were previously...
On July 8, 1982, the Supreme Court decided Crowe v. DeGioia, 9o N.J. 126 (1982). The case has become the standard authority for the criteria for issuing preliminary injunctive relief. But attorneys...
Though Independence Day is not the anniversary of the United States Constitution, it is still a good day to look back on the origin and history of the federal appellate...
K.L.G. v. D.M.., 2011 WL 2321404 (App. Div. June 29, 2011). Rule 2:9-1(a) provides that once a notice of appeal is filed, "supervision and control" of the case pass to the...
Risko v. Thompson Muller Automotive Group, Inc., 206 N.J. 506 (2011). This case came to the Supreme Court because of improper remarks made by plaintiff's counsel in his trial summation....
Last night, I attended the retirement dinner for Judge Stern, who turned 70 last week. Among the over 300 attendees were current and former Supreme Court Justices, sitting and retired...
State v. Timmendequas, 2011 WL 2326967 (App. Div. June 14, 2011). Talk radio personalities and others whose job it is to create controversy or to enhance the public's fears have...
Fox v. Vice, 131 S.Ct. 2205 (2011). The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988. Most often, it is a prevailing plaintiff who seeks...
