State v. Faulcon, ___ N.J. Super. ___ (App. Div. 2020). Judge Koblitz did not leave readers in suspense about the outcome of her opinion for the Appellate Division today. Her first sentence says “We hold that defense counsel who represented a State witness who was questioned in the investigation of a murder may not then represent the defendant in the same case.” The Appellate Division’s ruling today reversed a decision of the Law Division that had found that defense counsel’s former representation of the witness was not directly adverse and did not materially limit...

Papera v. Pennsylvania Quarried Bluestone Co., ___ F.3d ___ (3d Cir. 2020). Plaintiffs and defendants reached what was believed to be a settlement of their case. At plaintiffs’ request, the District Court entered a dismissal order. That order said that he case was dismissed and gave the parties 60 days to provide a settlement agreement for court approval or move to reopen the case. A minute entry, though not the order, stated that the dismissal was “without prejudice.” When the parties neither submitted a settlement agreement nor moved to reopen, the District Court closed...

Shields v. Ramslee Motors, ___ N.J. ___ (2020). The Supreme Court always seems to have a snow and ice removal case on its docket. The latest one resulted in an opinion by Justice Fernandez-Vina. All other Justices joined that opinion, except that Justice Albin concurred in part and dissented in part. Plaintiff, a Federal Express driver, was delivering a letter at the property owned by defendant 608 Tonnelle Avenue, LLC and leased to defendant Ramslee Motors. Plaintiff slipped and fell on ice on the property’s driveway. He sued both the landlord and the tenant, Ramslee, for his...