Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., ___ N.J. Super. ___ (App. Div. 2019). This was an abuse and neglect appeal under Title 9. B.H. was the boyfriend of H.S. He was accused of abusing or neglecting H.S.’s daughter, M.S. Title 9 defines “abused or neglected child” as one who is impaired, or in danger of impairment, due to the failure of his or her “parent...

In re Corbo, ___ N.J. ___ (2019). Justice Fernandez-Vina’s opinion for a 6-0 Supreme Court today (Justice Timpone did not participate) is unusual in that it addresses not the substantive issues involved, but the remedy imposed. The Civil Service Commission had issued a final agency decision removing Officer Corey Corbo from the Union City Police Department because he had ingested cocaine. Corbo appealed, and the Appellate Division reversed on the ground that there was “no competent evidence” to support removing Officer Corbo. But the panel did not remand the matter to allow...

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...