Most New Jersey lawyers know that Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995), is the seminal case that states the standards for summary judgment. But what did lawyers cite...

The Sunday Review section of today's New York Times features a "Sunday Dialogue" entitled "Putting the Justices on TV." In response to a Times article about whether oral arguments at...

US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011). After defendant McCutchen suffered a serious auto accident, a benefit plan administered by plaintiff US Airways paid him nearly $67,000 for his...

Nine minutes ago, the Supreme Court of the United States announced that among the cases it will take up are three cases involving the constitutionality of the Patient Protection and Affordable...

J. McIntyre Machinery, Ltd. v. Nicastro, 131 U.S. 2780 (2011). Lawyers and judges sometimes refer to new cases that grow out of an older, seminal case as the "progeny" of...

Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). The decision in this closely-watched employment discrimination putative class action, near the end of the current term of the Supreme Court of the...

Villanova v. Innovative Investigations, Inc., 420 N.J. Super. 353 (App. Div. 2011). A wife suspected her husband of infidelity. She consulted defendant private detectives, who suggested that she place a...

Though Independence Day is not the anniversary of the United States Constitution, it is still a good day to look back on the origin and history of the federal appellate...

Fox v. Vice, 131 S.Ct. 2205 (2011). The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988. Most often, it is a prevailing plaintiff who seeks...

AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011). From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S....