Moon v. Breathless, Inc., ___ F.3d ___ (3d Cir. 2017).  At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been clear that contractual arbitration clauses must explicitly state that a party is waiving a jury trial as to statutory claims in order to be effective when that party seeks to bring a statute-based claim n court.  Subsequent examples have abounded, including this one and this one. read more

In re Howmedica Osteonics Corp., ___ F.3d ___ (3d Cir. 2017).  Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, personal jurisdiction, mandamus, appellate jurisdiction to grant mandamus, and the standard of review for mandamus cases, severance, and the proper application of Atlantic Marine Construction Co. v. U.S. District Court, 134 S.Ct. 568 (2013), which directed federal courts to honor forum selection clauses “[i]n all but the most unusual cases.” read more

The Judicial Conference Advisory Committee is seeking comments on proposed changes to the Federal Rules of Appellate Procedure (as well as proposed changes to other sets of federal rules).  The details are here. read more

Bisbing v. Bisbing, ___ N.J. ___ (2017).  Justice Patterson began her opinion in this case, for a unanimous Court, as follows.  “This appeal arises from a trial court’s post-judgment determination authorizing a mother to relocate with her children out of state, notwithstanding their father’s objection to the children’s move.  It requires that we address the showing necessary to establish ’cause’ under N.J.S.A. 9:2-2 for the entry of an order authorizing a parent to relocate out of state with his or her child, despite the other parent’s opposition to the child’s interstate move.” read more

Chief Justice Rabner has announced that Judge Lisa Rose is being temporarily assigned to the Appellate Division, Part A, for the period of September 11-November 19, 2017.  As reported here, the General Assignment Order for 2017-18 made provision for a then-unnamed temporary assignee for Part A. read more

In a Notice to the Bar that is available here, the Appellate Division announced that it “anticipates that e-filing of appeals will be made mandatory in the fall of 2017.”  That would be the culmination of an electronic filing rollout that goes back as far as 2012. read more

In re Atlantic County, ___ N.J. ___ (2017); In re New Jersey Firemens Association Obligation to Provide Relief Application Under Open Public Records Act, ___ N.J. ___ (2017).  On Wednesday and Thursday of this week, Justice Solomon issued two opinions for the Supreme Court.  Both of them involved cases in which the Appellate Division issued published opinions.  In one case, the Court affirmed the Appellate Division, but on grounds other than those on which the Appellate Division relied.  In the other, the Court reversed the Appellate Division while siding, at least in part, with the concurring opinion of Judge Messano. read more

GMAC Mortgage, LLC v. Willoughby, ___ N.J. ___ (2017).  In 2008, recognizing the effects of the financial crisis on New Jersey homeowners, our Supreme Court established the Residential Mortgage Foreclosure Mediation Program.  The Program was intended to foster mediated resolutions that would result in restructuring loans to avoid foreclosure.  Today’s opinion by Justice Albin focuses on a case that went through mediation under the Program, resulting in a signed settlement agreement that stated that it was “final, binding and enforceable.”  Despite that, the Chancery and Appellate Divisions declined to enforce that resolution against the lender, GMAC Mortgage.  The Supreme Court reversed that result and enforced the settlement. read more