Garrett v. Wexford Health, ___ F.3d ___ (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that “were deliberately indifferent to his serious medical needs and that they retaliated against him.” The District Court dismissed his case, holding that he had not exhausted administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. 1997e(a) (“PLRA”), and that his operative Complaint, after several prior iterations, violated Federal Rule of Civil Procedure 8. That rule requires pleadings to contain a...

Unlike so many judicial opinions, which leave the reader in suspense about the outcome until the end, the answer to this question, right up front, is “yes.” An Appellate Division opinion issued on this date in 1992 so stated. The opinion’s author was then-Judge (later Justice) Long. Burrell v. Quaranta, 259 N.J. Super. 243 (App. Div. 1992), involved the entire controversy doctrine, a notoriously thorny area of New Jersey law. The case arose out of several auto accidents resulting from the icing of liquid spilled on Route 73 from a Township of Maple Shade Sewage Treatment...

Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions. From August 14 through August 29, the court published thirteen opinions. Here are summaries of some of them (for full coverage of all of the court’s activities, check out Matthew Stiegler’s CA3blog): Golden v. New Jersey Institute of Technology, ___ F.3d ___ (3d Cir. 2019). This opinion by Chief Judge Smith involved an attorneys’ fee issue under New Jersey’s Open Public Records Act, N.J.S.A....