The Eastern District of Pennsylvania has promulgated a new policy regarding cameras and personal electronic devices for all of its courthouses. The new policy, which is embodied in a standing order that is available here, goes into effect on June 3, 2019. Because the Byrne Courthouse, where the Third Circuit sits, is covered by this standing order, the policy will affect counsel and parties with matters at the Third Circuit. read more

In re Avandia Marketing, Sales Practices and Products Liability Litigation, ___ F.3d ___ (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a protective order, but which were filed in connection with summary judgment proceedings, could go into the joint appellate appendix on plaintiffs’ appeal of that summary judgment ruling. GSK sought to keep the documents confidential on appeal. Plaintiffs disagreed, but the District Court largely sided with GSK and entered post-judgment sealing orders. read more

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of some of the most significant published rulings of the Appellate Division during that period: read more

The Supreme Court announced that it has granted review in four more cases. In three of those appeals, the Court granted petitions for certification. In the fourth case, the Court granted certification and leave to appeal. read more

Feuer v. Merck & Co., Inc., ___ N.J. ___ (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the legal issues involved) a ruling of the Chancery Division that had ruled against plaintiff, a Merck shareholder, in his demand to review various Merck documents. Plaintiff had invoked both N.J.S.A. 14A:5-28 and the common law. Today, in a 6-0 vote, the Supreme Court affirmed based on Judge Ostrer’s opinion. read more

State in the Interest of D.M., ___ N.J. ___ (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues raised by defendant on appeal of the Family Part’s finding of delinquency by endangering the welfare of a child were governed by settled law. read more

Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered judgment against defendants]. This was a legal malpractice case in which the Law Division entered a default judgment against defendants of over $1,057,000. Defendants appealed, and today the Appellate Division (Judges Messano and Fasciale) reversed in an unpublished opinion. read more

Green v. Monmouth University, ___ N.J. ___ (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained at a concert by country singer Martina McBride that was held at Monmouth University’s Multipurpose Activity Center. The Appellate Division applied charitable immunity. Judge Fisher dissented. read more