The Supreme Court announced that it has granted review in four more cases. Three of them involve grants of certification. In the fourth appeal, the Court accepted a certified question as posed by the Third Circuit Court of Appeals. The certified question case is Bank Leumi USA v. Kloss. The question certified by the Third Circuit and accepted by the Supreme Court is “When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it...

The Third Circuit has scheduled the next Third Judicial Conference for May 13-15, 2020 at the Penn’s Landing Hilton in Philadelphia. As discussed here, the Court had previously announced a Spring 2020 Judicial Conference in Philadelphia, but now actual dates and location have been set. This Judicial Conference will be open to attorneys, the first such Judicial Conference to be a “Bench-Bar” since 2017. The Third Circuit had been opening its Judicial Conferences to attorneys every other year for a period of time, but has now reverted to its previous practice of doing so...

The Supreme Court has granted review in five more appeals. One of them involves a question certified to it by the Third Circuit Court of Appeals, one is before the Court on leave to appeal, and the others involve grants of certification. City of Asbury Park v. Star Insurance Company presents a question certified from the Third Circuit: “Does the made-whole doctrine apply to first-dollar risk that is allocated to an insured under an insurance policy, i.e., a self-insured retention or deductible?” The Court accepted the question essentially as framed by the Third Circuit. State v....