Beaver v. Magellan Health Services, Inc.. ___ N.J. Super. ___ (App. Div. 2013).  “Under what circumstances may a litigant pursue common law and statutory causes of action in the Law Division, rather than appeal from State final agency determination, where the merits of the agency determination are at issue?”  So begins this opinion by Judge Kennedy.  read more

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, to FRAP 13, 14, and 24.  There are also revisions to the form Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis.  read more

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 forum selection clause,  it is appropriate to file a motion to transfer venue and when a forum non conveniens motion is the proper course of action.  The parties to this case had included a forum selection clause in their contract, selecting the Eastern District of Virginia.  read more

Eastman v. First Data Corp., ___ F.3d ___ (3d Cir. 2013).  Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ruling ”within 14 days after the order is entered.”  In Gutierrez v. Johnson & Johnson, 523 F.3d 187, 192 (3d Cir. 2008), the Third Circuit stated that this deadline is “strict and mandatory.” read more

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 Rutgers College and Rutgers-Newark Law School.  He was appointed to the Passaic County bench in 2001 and has touched virtually all the bases in that court since, having spent three years each in the Criminal Division and the Family Part, as well as serving in the Civil Division and as the disqualification judge for General Equity matters.  He received tenure in 2008. read more

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 does the Third Circuit.  Indeed, the Ninth Circuit has five such arguments next week alone.  Thus, streaming en banc arguments is a major benefit to those who follow the Ninth Circuit.  read more

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 by the Appellate Division, all of them not-for-publication, are signed.  One ruling, in Allstate New Jersey Ins. Co. v. Penske Truck Leasing, 2013 N.J. Super. Unpub. LEXIS _____ (App. Div. Dec. 2, 2013), is signed by Judge Hayden for herself and Judges Reisner and Harris.  (Perhaps to avoid any confusion with United States District Judge Katharine S. Hayden, Judge Hayden signed this opinion “Margaret M. Hayden, J.A.D.”).  The other decision, in Puccini Foods, LLC v. Abbott Industries, Inc., 2013 N.J. Super. Unpub. LEXIS _____ (App.  Div. Dec. 2, 2013), is signed by Judge Ostrer, for himself and Judge Lihotz. read more

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.  Happy Thanksgiving to all! read more