Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which Chief Judge Smith and Judge Chagares joined, is an important exception. The opinion was non-precedential because plaintiff (“the Campaign”) appealed the District court’s rejection of the Campaign’s attack on the vote in Pennsylvania only “on a very narrow ground: whether the District Court abused its...

Rialto-Capitol Condominium Ass’n, Inc. v. Baldwin Assets Assocs. Urban Renewal Co., LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Fisher noted in his opinion in this case, “[t]he law is well settled that [condominium] unit owners have standing to bring claims for damages to their units, including the units’ contents or those fixed items that form part of the units, while the condominium] association has standing to pursue a claim for damages caused to the common elements. See Siller v. Hartz Mountain Assocs., 93 N.J. 370, 378 (1983); Belmont Condo. Ass’n, Inc....

Narleski v. Gomes, ___ N.J. ___ (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: “Under our statutes and case law, a social host over the age of twenty-one has a duty not to serve alcohol to a visibly intoxicated guest, either an adult or a minor,if it is reasonably foreseeable the guest is about to drive. This case presents a variation on that theme. Does a young adult, over the age of eighteen but under the age of twenty-one –an adult under the lawful drinking age –have a duty not to facilitate the...