In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, 795 F.3d 380 (3d Cir. 2015). Every five years, the Third Circuit issues an opinion on class certification in...

There are times when a non-party to a case would like to have his, her, or its views heard by an appellate court. A way to do that is to...

Lippman v. Ethicon, Inc., 222 N.J. 362 (2015). In 2013, the Appellate Division determined that so-called "watchdog" employees (that is, employees whose job it is to bring forward issues relating...

The point has often been made, including here and here, that appellants' briefs are best off if they focus on the few best arguments available, rather than raising every conceivable...

Electronic filing in the New Jersey appellate courts has been on the way for several years. Previous steps toward that end were discussed here and here. Today, attorneys and firms...

Lawyers, and their clients, often want to file longer appellate briefs than the rules allow, or than judges desire. When the length of appellate briefs was governed by page limits,...

Cottillion v. United Refining Co., 781 F.3d 47 (3d Cir. 2015). This opinion by Judge Ambro, issued today, affirmed a summary judgment in favor of plaintiffs and a class in...

The Supreme Court announced at 10 A.M. this morning that it will issue its decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by New Jersey Council on Affordable...

Heffernan v. City of Paterson, 777 F.3d 147 (3d Cir. 2015). [Disclosure: Victor A. Afanador and Susana Cruz Hodge, my colleagues at Lite DePalma Greenberg, LLC, represented the successful appellees...

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...