Due to travel over most of the past two weeks (and getting "back in the game" once having returned), there have been no posts here. But the courts have been...

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, 234 N.J. 483 (2018). In one of the biggest constitutional decisions of the current term, an unusually divided Supreme...

Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018). Under the Federal Tort Claims Act, 28 U.S.C. §2401(b) ("FTCA"), a tort claim against the United States is "forever barred...

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

Murphy v. National Collegiate Athletic Association, 138 S.Ct. 1461 (2018). This blog has covered the history of the State of New Jersey's efforts to overcome the Professional and Amateur Sports...

Wisniewski v. Murphy, 454 N.J. Super. 508 (App. Div. 2018). In 2017, the State Capitol Joint Management Commission ("JMC") resolved to renovate the Statehouse, the building that houses (among other...

American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181 (2018). In 2016, in a decision reported at 445 N.J. Super. 452 (App. Div. 2016), and discussed here,...

This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments,...

Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions. Rarely does that succeed. On this day in 1972, however, the Supreme Court, acting...

Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018). This putative class action case, brought by consumers in four states, asserted that "Oakridge" roof shingles sold by defendants ("Owens...