The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. The consumer class action is Baskin v. P.C. Richard & Son, LLC. [Disclosure: I am one of the counsel for plaintiffs, who filed the petition for certification in this case]. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiffs meet the requirements for class certification under Rule 4:32-1, including numerosity, superiority, and predominance?” The...

As discussed here, the Supreme Court recently added due process protections to Governor Murphy’s Executive Order No. 124, which created a mechanism to identify persons held in state prisons or juvenile facilities who might obtain furloughs or parole due to COVID-19. The Appellate Division has announced procedures to expedite appeals from the denial of such relief. Those procedures are available here. In summary, such appeals are to be filed via eCourts Appellate and the appeals should be designated on the system as being sealed. Letter briefs, not to exceed eight pages, are to be filed...

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm’n, ___ F.3d ___ (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged the ability of defendant Delaware River Basin Commission “the Commission”) to regulate fracking. After one intervenor and its leader were permitted to intervene in the case in support of the Commission, three Pennsylvania state Senators sought to intervene in support of plaintiff. After a number of procedural twists and turns, the District Court ultimately denied the Senators the ability to...