On July 3, 1997, the Supreme Court decided Lemelledo v. Beneficial Management Corp. of America, 150 N.J. 255 (1997). Justice Handler's opinion in that case, for a 6-0 Court, is...
On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two...
Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397 v. Public Service Electric and Gas, 459 N.J. Super. 436 (App. Div. 2019). Judge Fisher's opinion in this appeal today was barely...
Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a...
Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743 (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) ("CAFA") made it...
Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff'd o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will...
Lamps Plus, Inc. v. Varela, 139 S. Ct. 407 (2019). In Stolt-Nielsen, S.A. v. AnimalFeedsInt'l Corp., 559 U.S. 662 (2010), the Supreme Court of the United States, by a 5-3...
Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner...
Finkleman v. National Football League, 236 N.J. 280 (2019). This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a...
A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...
