On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case.  That is still the leading case on the question of the extent to which a question of constitutional law allows a party to pursue an appeal to the Supreme Court as of right, as opposed to on a petition for certification, whose grant is discretionary with the Supreme Court.  Subsequent cases have addressed that issue as well, but Tidewater is the foundation for those decisions. As the Court’s per curiam opinion noted, the New...

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Robinson v. First State Community Action Agency, ___ F.3d ___ (3d Cir. 2019).  This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”).  Plaintiff and defendant, who is plaintiff’s former employer, “proceeded under the [same] case theory throughout litigation, trial, and post-trial briefing.”  Only on appeal did defendant try to “unring the bell,” as Judge Fuentes put it.  The panel rebuffed that effort, holding that defendant had “waived this argument because of...