Tully v. Mirz, ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Geiger today addresses the question of what claims, between two owners of a closely-held corporation, are properly considered derivative claims and what claims are correctly treated as direct claims.  After a one-day bench trial, the trial court dismissed the complaint for lack of standing, asserting that all claims presented were derivative claims that could not be brought directly.  Applying de novo review of the purely legal issue of standing, the Appellate Division affirmed in part and reversed in part, ordering...

United States v. Baroni, ___ F.3d ___ (3d Cir. 2018).  In a unanimous opinion by Judge Scirica today, the Third Circuit upheld the convictions of “Bridgegate” defendants Bill Baroni and Bridget Kelly on charges of conspiracy to obtain by fraud, knowingly convert, or intentionally misapply property of an organization receiving federal benefits, conspiracy to commit wire fraud, and the substantive offenses associated with those conspiracy charges.  But the panel reversed and vacated defendants’ convictions for conspiracy against civil rights and the related substantive...

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