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...

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of some of the most significant published rulings of the Appellate Division during that period: Sosa v. Massachusetts Bay Ins. Co., ___ N.J. Super. ___ (App. Div. 2019). In an opinion by Judge Ostrer that focused on the language and effect of a water damage exclusion in the subject homeowner’s insurance policy, the Appellate Division reversed a summary...

Green v. Monmouth University, ___ N.J. ___ (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained at a concert by country singer Martina McBride that was held at Monmouth University’s Multipurpose Activity Center. The Appellate Division applied charitable immunity. Judge Fisher dissented. The Supreme Court agreed with the majority. Justice Fernandez-Vina noted that the Charitable Immunity Act itself, N.J.S.A. 2A:53A-10,...