NJ Appellate Law Blog

For Want of a Transcript, An Appellate Issue is Forfeited

Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to "order … a...

A Turning Point for the Carrera v. Bayer Ascertainability Doctrine?

Byrd v. Aaron's Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were "objective records" that could "readily identify"...

Supreme Court's Decision in Shelton v. Restaurant.com Applies Retroactively to Plaintiffs

Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The...

Law of the Case Doctrine Does Not Extend From One Party to Another Party Not in Privity

State v. K.P.S., 221 N.J. 266 (2015). Two defendants who had been charged in the same indictment with many of the same crimes sought to suppress certain evidence. The Law...

History of Domestic Disputes Supports Denial of Gun Permit

In re Appeal of Z.L. From Denial of Firearms Purchaser Identification Card and Handgun Permits, 440 N.J. Super. 351 (App. Div. 2015). Z.L. applied for a firearms purchaser identification card...

Emancipation of a Child Terminates Child Support

Llewelyn v. Shewchuk, 440 N.J. Super. 207 (App. Div. 2015). Orders directing that one parent in a divorce provide payments of child support terminate once the child become emancipated. Yesterday's...

The Appellate Division Addresses a "Rehash"

New Jersey Healthcare Coalition v. New Jersey Dep't of Banking & Insurance, 440 N.J. Super. 129 (App. Div. 2015). According to today's opinion by Judge Reisner, every few years "health...

A Tour (De Force) Through the Evidence Rules as Applied to Expert Testimony

James v. Ruiz, 440 N.J. Super. 45 (App. Div. 2015). This opinion by Judge Sabatino is like the law school evidence class that some of us wish we had taken....

FLSA Plaintiff Wins Under an Exception to an Exemption

McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a...

The Supreme Court Revisits the Constitutionality of the Redevelopment Law

62-64 Main Street, LLC v. Hackensack Mayor & Council, 221 N.J. 129 (2015). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, defines when an area is blighted and...

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The Second and Third Published Appellate Division Decisions of the Current Term

As September turned to October, the Appellate Division issued its second and third published opinions of the Term. One was a decision by Judge Vinci in a civil appeal. The other ruling, in a criminal appeal, was authored by Judge Perez Friscia....

Appellate Division Oral Argument of the Week: Did it Violate a Class Action Settlement That Barred Mass Opt-Outs to Allow Opt-Outs From a Marketing Campaign That Solicited Opt-outs?

On Tuesday, September 30, judges on Part G of the Appellate Division will hear oral argument in Esposito v. Cellco Partnership d/b/a Verizon Wireless. The case follows from a $100 million nationwide class action settlement that had required class members who decided to exclude themselves from the settlement and potentially pursue their own litigation against Verizon to opt out individually, and barred mass opt-outs. However, Murphy Advocates, LLC, a Colorado law firm conducted a marketing campaign to create a mass opt-out that attracted about 11,000 class members who responded to Murphy that they wished to opt out....

A Pair of New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in two new cases. Both are criminal appeals. One is from a published opinion of the Appellate Division, while the other is from an unpublished per curiam decision by a three-judge panel....

Can a Plaintiff in a Civil Case Refuse to Testify at Trial After Being Served With a Defense Notice in Lieu of Subpoena and Having Been Ordered to Testify by the Trial Judge? An Anniversary

On this date in 2005, the Supreme Court decided Gonzalez v. Safe & Sound Sec. Corp., 185 N.J. 100 (2005). The case involved a plaintiff who was shot in an apartment building in Atlantic City, which left him paralyzed. He brought a negligence suit against a number of defendants, including Atlantic City Housing & Urban Renewal Associates ("ACHURA"), the owner of the apartment building....