At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey, ___ F.3d ___ (3d Cir. 2020). In this appeal, the court was “asked to determine whether a New Jersey statute that makes it illegal to possess large capacity magazines (“LCMs”)– defined as magazines capable of holding more than ten rounds of ammunition– violates...

Tully v. Mirz, 457 N.J. Super. 11 (App. Div. 2018).  This opinion by Judge Geiger today addresses the question of what claims, between two owners of a closely-held corporation, are properly considered derivative claims and what claims are correctly treated as direct claims.  After a one-day bench trial, the trial court dismissed the complaint for lack of standing, asserting that all claims presented were derivative claims that could not be brought directly.  Applying de novo review of the purely legal issue of standing, the Appellate Division affirmed in part and reversed in part, ordering a...

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