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...

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On this date in 1980, the Supreme Court decided Trentacost v. Brussel, 82 N.J. 214 (1980).  As stated by Justice Pashman, who wrote the majority opinion, the question there was “whether a landlord who provides inadequate security for common areas of rental premises may be liable for failing to prevent a criminal assault upon a tenant.”  The Court affirmed decisions of the Law Division and the Appellate Division that had found the landlord liable and imposed a damage award. Five years earlier, the Court had decided Braitman v. Overlook Terrace Corp., 68 N.J. 368 (1975).  There,...