Effective December 1, 2013, amendments to several Federal Rules of Appellate Procedure ("FRAP") became effective. There are changes, all of which relate to appeals from the United States Tax Court,...
Atlantic Marine Const. Co. v. U.S. District Court, 571 U.S. ___ (2013). This case offers a lesson in differentiating when, in a contract case where the applicable agreement contains a...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff...
Chief Justice Rabner announced today that Judges Garry S. Rothstadt and Amy O'Connor will be elevated to the Appellate Division effective December 16, 2013. Judge Rothstadt is a graduate of...
As announced here, beginning next week, the Ninth Circuit Court of Appeals will stream live its en banc oral arguments. The Ninth Circuit conducts many more en banc arguments than...
As noted here, it is highly unusual for Appellate Division not-for-publication opinions to be signed, as opposed to being issued per curiam. Today, however, two of the four opinions issued...
This week is a short one, with a two-day state court holiday for Thanksgiving and no pubished Third Circuit opinions to date. As a result, don't expect any posts this week....
Procopio v. Gov't Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013). As Judge Parrillo stated in today's opinion, rulings of trial level judges on discovery matters, and on whether...
Redd v. Bowman, 433 N.J. Super. 178 (App. Div. 2013). This is another case that involves the power of citizens of a municipality established under the Faulkner Act, N.J.S.A. 40:69A-1 to -210, to...
In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. 2013). This case involved the question of whether the funds in certain joint bank accounts, which accounts were in...