The Director of the Administrative Office of the United States Courts has issued his Annual Report, entitled "Judicial Business of the United States Courts." The report, available here, is over...
Santos-Reyes v. United States, 660 F.3d 196 (3d Cir. 2011). Under 8 U.S.C. §1229b(a), an alien who could otherwise be deported from the United States can have the deportation cancelled if the...
One year ago today, this blog began its existence with its very first post. There have been approximately 225 posts since, covering all aspects of New Jersey appellate law and practice, with...
Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011). The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state...
President Obama has nominated Magistrate Judge Patty Shwartz to the Third Circuit Court of Appeals. She would fill the "New Jersey seat" that was created when Judge Barry took senior...
The saga of Carl Lewis' attempt to run for the State Senate has taken a new turn. Yesterday, the Third Circuit Court of Appeals reversed a decision of the district...
Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011). In Weiss v. Regal Collections, 385 F.3d 337 (3d Cir. 2004), the Third Circuit held that a defendant in a class action could...
Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011). In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), a 5-4 majority of the Supreme Court of the United States rejected...
In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011). Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be...
Doe v. Megless, ___ F.3d ___ (3d Cir. 2011). Federal Rule of Civil Procedure 10(a) requires that the title of a complaint "name all the parties." Despite that, in exceptional circumstances, courts...