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May 24, 2019 by Bruce D. Greenberg


New Personal Electronic Device Policy Affecting the James A. Byrne U.S. Courthouse

The Eastern District of Pennsylvania has promulgated a new policy regarding cameras and personal electronic devices for all of its courthouses. The new policy, which is embodied in a standing order that is available here, goes into effect on June 3, 2019. Because the Byrne Courthouse, where the Third Circuit sits, is covered by this…

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May 23, 2019 by Bruce D. Greenberg


The Three Tests for Confidentiality of Litigation Documents

In re Avandia Marketing, Sales Practices and Products Liability Litigation, ___ F.3d ___ (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a protective order, but which were filed in connection with summary judgment proceedings, could go into…

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May 20, 2019 by Bruce D. Greenberg


A Busy Few Weeks for the Appellate Division

In the last several weeks, this blog has largely focused on Supreme Court decisions and grants of review. That was not meant to slight the Appellate Division, whose judges have made some important rulings as well. Here are summaries of some of the most significant published rulings of the Appellate Division during that period: Sosa…

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May 20, 2019 by Bruce D. Greenberg


The Supreme Court Will Review Three Published Appellate Division Decisions, and One Unpublished One

The Supreme Court announced that it has granted review in four more cases. In three of those appeals, the Court granted petitions for certification. In the fourth case, the Court granted certification and leave to appeal. Three of the appeals involve published opinions of three-judge panels of the Appellate Division. In The Plastic Surgery Center,…

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May 15, 2019 by Bruce D. Greenberg


Shareholder Requests to Inspect Corporate Books and Records

Feuer v. Merck & Co., Inc., ___ N.J. ___ (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the legal issues involved) a ruling of the Chancery Division that had ruled against plaintiff, a…

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May 14, 2019 by Bruce D. Greenberg


When New Issues Arise on Appeal, Appellate Division Should Conduct Oral Argument Even if No Party Originally Requested It

State in the Interest of D.M., ___ N.J. ___ (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues raised by defendant on appeal of the Family Part’s finding of delinquency by endangering the…

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May 8, 2019 by Bruce D. Greenberg


The Appellate Division Redresses a “Train Wreck”

Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019).…

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May 7, 2019 by Bruce D. Greenberg


Charitable Immunity Sweeps Broadly to Protect Monmouth University

Green v. Monmouth University, ___ N.J. ___ (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained at a concert by country singer Martina McBride that was held at Monmouth University’s Multipurpose…

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May 6, 2019 by Bruce D. Greenberg


The Supreme Court Takes Three More Cases

The Supreme Court announced today that it has granted review in three new cases. One of them is before the Court on leave to appeal, while the other two involve grants of certification The leave to appeal case is State v. Andrews. The question presented there, as formulated by the Supreme Court Clerk’s office, is…

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May 2, 2019 by Bruce D. Greenberg


” … And the Livin’ is Eas[ier]”: Appellate Division Summer Parts for 2019

The summer schedule for the Appellate Division was announced late yesterday.  The Order of Chief Justice Rabner that contains the full schedule is available here. “Summer” (a term not actually used in the Order) in the Appellate Division begins on June 17 and ends on September 8.  That period is divided into six “sessions.”  Each…

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