NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

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...

The Third Circuit in High Gear

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five...

A Stinging Rebuke to the Board of Immigration Appeals, in an Unusual Three-Judge Concurring Opinion

Quinteros v. Attorney General of the United States of America, ___ F.3d ___ (3d Cir. 2019). This was an immigration appeal. As Judge Roth summarized it in her opinion for...

Busy Days at the Third Circuit, Part 2

Yesterday's post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from...

More Than an Eyedropper's Worth of Analysis of Standing

Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one's eyes is unpleasant at many levels. One...

Forum Selection Clauses and Non-Parties to Such Clauses

Carlyle Investment Management LLC v. Moonmouth Company SA, 779 F.3d 214 (3d Cir. 2015). Parties can, and often do, include forum selection clauses in their contracts. Such clauses are frequently...

Financial Conflicts of Interest in Federal Appeals

A report from the Center for Public Integrity, issued this morning and available at http://www.publicintegrity.org/2014/04/28/14630/federal-judges-plead-guilty, addresses financial conflicts of interest in the United States Courts of Appeal. Both a federal statute and Canon...

Delaware Chancery Court's State-Sponsored Arbitration Program is Held Unconstitutional

Delaware Coalition for Open Government, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013). It is rare that judges, and a court, are defendants in a lawsuit. It is even...

District Court Can Raise Statute of Limitations Problem Sua Sponte at Initial Conference

Lassiter v. City of Philadelphia, 716 F.3d 53 (3d Cir. 2013). The initial conference under Federal Rule of Civil Procedure 16 is a time for the court to set a proper course...

The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....