In an omnibus rule amendment, the Supreme Court announced extensive rules changes that will take effect on September 1, 2022. Those amendments include significant changes to the appellate rules contained in Part 2 of the New Jersey Court Rules, as well as to some Part 1 Rules that affect appeals. Here is a summary of the most important amendments: Rule 2:13-1(b) has been amended to change the title of “Presiding Judge for Administration,” the top judicial position in the Appellate Division, to “Chief Judge of the Appellate Division.” Per amended Rule1:37-3, the...

Adam v. Barone, ___ F.4th ___ (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his opinion for the Third Circuit today in this putative consumer class action case: “Cindy Adam was charged nearly $100 for what she believed were free samples of beauty products. After complaining about the charge, she was offered the chance to return the items so that she might obtain a refund. Adam refused and eventually filed this lawsuit. The United States District Court for the District of New Jersey dismissed her complaint,...

Allen v. Ollie’s Bargain Store, Inc., ___ F.4th ___ (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by a concurrence signed by all three judges (here and here), or by two out of three of those judges (here), including the author of the panel opinion. Last Friday, however, Judge Porter wrote both a class certification opinion for a unanimous panel and a concurring opinion that addressed an issue that the panel decision declined to reach. This was an Americans With Disabilities Act (“ADA”) case....