Empower our Neighborhoods v. Guadagno, ___ N.J. Super. ___ (App. Div. 2018).  This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff.  At the trial level, Judge Mary Jacobson observed that the lawsuit brought by plaintiff, an advocacy group, had “changed the landscape of election law in New Jersey, as all 5.88 million registered voters in New Jersey now ha[d

Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks.  Here is a belated, and far from complete, summary of some of the decisions that our appellate courts have made in that time:

Ardan v. Board of Review, ___ N.J. ___ (2018).  In a relatively unusual (for the Supreme Court of New Jersey) 4-3 decision, the Court ruled that the Board of Review proper

Cottrell v. Alcon Laboratories, ___ F.3d ___ (3d Cir. 2017).  Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels.  One of those levels– that prescription eye drop medication is delivered in drop sizes that are too large, resulting in large portions of each drop being wasted by patients–  was the subject of this case.

Consumers brought a class action against manufacturers and distributors of prescription