Today, the Supreme Court of New Jersey heard oral argument in this important case. The procedural history of the case is discussed here. The argument ran from just after 10...

Holt v. Hobbs, ___ U.S. ___ (2015). As discussed here, this case reached the Supreme Court via a handwritten petition for certiorari by a Muslim prisoner in an Arkansas state...

Jennings v. Stephens, ___ U.S. ___ (2015). There is a settled principle that an appellate court may affirm on any basis, even if that basis was not relied on by the trial...

Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative...

Joseph v. United States, ___ U.S. ___ (2014). Most if not all appellate courts have a rule that issues not raised in an opening brief cannot be raised in subsequent...

Today is Veterans Day, which currently is made a federal holiday by 5 U.S.C. §6103(a) and a state holiday by N.J.S.A. 36:1-1. The holiday began as Armistice Day, since it was...

Today's post is another guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC. Riley v. New Jersey State Parole Bd., 219 N.J. 270 (2014). In a...

State v. Camacho, 218 N.J. 533 (2014). It is an error "of constitutional dimension" for a trial judge in a criminal case to fail to instruct the jury that it...

The after-dinner speaker at tonight's opening session of the Third Circuit Judicial Conference in Hershey, PA was Justice Alito, reprising his 2011 appearance. After being introduced by Chief Judge McKee...

Octane Fitness, LLC v. Icon Health & Fitness, Inc., ___ U.S. ___ (2014), and Highmark Inc. v. Allcare Health Mgmt. System, Inc., ___ U.S. ___ (2014). New Jersey is a...