NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Judge Ambro Will Take Senior Status

Judge Ambro has announced that he will take senior status, effective upon the confirmation of his successor. He is the third judge to do so during the term of President...

Judge Chagares Becomes Chief Judge Chagares

As of December 4, as stated here, New Jersey's own Judge Chagares became Chief Judge of the Third Circuit Court of Appeals. That occurred as a result of the fact...

Catching up With the Third Circuit

In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th...

Chief Judge Smith Will Step Down as Chief Judge of the Third Circuit

Chief Judge Smith announced that he will be stepping down as Chief Judge. He will shortly reach age 70, the age limit for serving as Chief Judge of the Third...

Judge McKee Takes Senior Status, Enabling President Biden to Appoint a Third Circuit Judge

Judge McKee announced that he is taking senior status. The effective date of that action is to be determined. Judge McKee's move to senior status will allow President Biden to...

The Importance of Spelling Out Findings and Reasons for Judicial Decisions

In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental...

What Not to Do as an Attorney: "Appalling, Unlawyerly Behavior"

United States v. Brace, 2021 U.S. App. LEXIS 17482 (3d Cir. June 11, 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion,...

Pleading Standards Under the Defend Trade Secrets Act, and Generally

Oakwood Laboratories, LLC v. Thanoo, ___ F.3d ___ (3d Cir. 2021). Judge Jordan wrote this opinion. This was a trade secret case that also involved other claims. "More than two...

Ancillary Settlement Jurisdiction

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys' fee dispute. In the underlying consolidated...

Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court...

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The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....