The Supreme Court announced this afternoon that it has granted certification in four new cases, all criminal matters.  Here is the summary. read more

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice.  Examples of that were discussed here and here.  At last night’s NJSBA Appellate Practice Committee meeting, Judge Fuentes took questions from committee members and offered a number of practice pointers.  Some have been stated before, by Judge Fuentes or other judges, some were new, but all were valuable.  A sampling of his thoughts follows: read more

City Select Auto Sales, Inc. v. David Randall Associates, Inc., ___ F.3d ___ (3d Cir. 2018).  This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and co-owner of the corporate defendant.  The jury returned a defense verdict.  Plaintiff appealed, complaining of the jury instructions regarding personal liability under the TCPA.  Applying plenary review of the jury instructions, the Third Circuit found no problem with them, and affirmed the result below.  Judge Hardiman wrote the panel’s opinion, in which Judge Vanaskie joined.  Judge Shwartz authored a concurring opinion. read more

The Appellate Division has issued updated guidelines for the treatment of emergent applications.  Those guidelines, available here, update its August 26, 2015 guidelines, which were discussed here. read more

The Appellate Division has announced that in light of yet another Nor’easter that will hit New Jersey, oral arguments scheduled for tomorrow, March 21, are postponed, and oral argument scheduled for Thursday, March 22, will be heard by telephone. read more

White Glove Hospitality, LLC v. Stockton University, 2018 WL 1352589 (App. Div. March 16, 2018).  Many seminars and articles about appellate practice focus on tips for writing better briefs or making more compelling oral arguments.  Preparing a proper appendix, a facially less interesting subject, rarely gets addressed in any detail.  Perhaps as a result of that, the Appellate Division periodically has to issue an opinion in which a party’s failure to submit an appendix that complies with Rule 2:6-1 adversely affects its appeal.  This per curiam, not precedential opinion, issued today by Judges Messano and Accurso, is such a ruling. read more

The Supreme Court announced that it has granted review in Kocanowski v. Bridgewater Tp.  The question presented, as phrased by the Supreme Court Clerk’s Office, is “Is claimant, a volunteer firefighter, entitled to temporary disability payments for injuries that occurred when she was unemployed and therefore not earning a wage?”  The Appellate Division, in an opinion reported at 452 N.J. Super. 476 (App. Div. 2017), and discussed here, affirmed the decision of the Division of Workers’ Compensation to deny plaintiff’s claim for benefits.  The Supreme Court granted certification yesterday. read more

New Jersey Department of Children & Families v. E.L., ___ N.J. Super. ___ (App. Div. 2018).  Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given.  Sometimes Court Rules themselves give preference to public agencies, as is so, for example, of Rule 2:9-6(b), which exempts the State, its political subdivisions, and “any of their respective officers or agencies” from posting a supersedeas bond on appeal.  But there is a limit to such tolerance, and today’s opinion by Judge Fisher is a case where that limit was reached and, as Judge Fisher emphatically made clear,  exceeded. read more