Huggins v. Aquilar, ___ N.J. ___ (2021). Rarely does a dissenting opinion in one case form the basis for a majority opinion (in fact, a unanimous opinion) in a subsequent...
The Supreme Court announced that it has granted review in two new cases. One of them implicates the warnings required under Miranda v. Arizona, 384 U.S. 436 (1966). The other...
Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was...
Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court...
Gannett Satellite Information Network, LLC v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2021). Prudent practitioners who file cases under the Open Public Records Act, N.J.S.A. 47:1A-1 et...
The principle that a court should not write into a statute a qualification that the Legislature chose not to include is now a basic tenet of statutory interpretation. But it...
[Disclosure: This post contains blatant self-promotion]. I have been elected as a Fellow of the American Academy of Appellate Lawyers. The induction ceremony will occur later this month. Founded in...
The Supreme Court announced that it has granted certification in Meade v. Township of Livingston. The question presented in that case, as phrased by the Supreme Court Clerk's office, is...
BV001 REO Blocker, LLC v. 53 West Somerset Properties, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Ostrer's opinion in this case, issued today, may become the new "go-to"...
The Supreme Court announced that it has granted review in seven more cases. One of those, the only civil case, is before the Court on leave to appeal, while the...
