Today, while I was waiting to argue an appeal in the Appellate Division, an argument before mine illustrated the idea that sometimes it is the right move to concede that...

Nielsen v. Wal-Mart Store #2171, 429 N.J. Super. 251 (App. Div. 2013). Defendant Wal-Mart Store #2171 owned a unit in a multi-unit condominium development owned by another defendant. Plaintiff was an employee...

In re Arthur Baldwin, 700 F.3d 122 (3d Cir. 2012). This was an adversary proceeding in bankruptcy, involving claims of breach of the fiduciary duty of care and loyalty, and deepening insolvency,...

Machado-Rodriguez v. Shinseki, 700 F.3d 48 (1st Cir. 2012). This was an employment discrimination case, a type of lawsuit that the First Circuit Court of Appeals recognized is often complex. Summary judgment was granted...

Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for...

The Third Circuit has issued the attached Notice to Counsel, which covers two subjects. First, the Court states that "[m]otions for extension of time to file a brief or to otherwise comply with the...

HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012). Last year, the Third Circuit decided a case...

An opinion issued late last week by the Sixth Circuit began by saying "When a party comes to us with nine grounds for reversing the district court, that usually means there...

Ragguette v. Premier Wines & Spirits, 691 F.3d 315 (3d Cir. 2012). Federal Rule of Appellate Procedure 4(a)(5) allows an extension of time to file a notice of appeal upon...

Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act ("FLSA") decision, written by Judge Smith, rejects a collective action under the FLSA and...