On this date in 1990, the Supreme Court decided Nolan v. Lee Ho, 120 N.J. 465 (1990). According to Westlaw, that case has been cited over 1,100 times. Generally, those citations invoke legal rules relating to settlement of litigation, such as “A settlement agreement between parties to a lawsuit is a contract,” “Settlement of litigation […]
The post 28 Years Since <i>Nolan v. Lee Ho</i> appeared first on Appellate Law NJ Blog.
Mielo v. Steak ‘n Shake Operations, Inc., ___ F.3d ___ (3d Cir. 2018). This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District Court decision that granted class certification in this case under the Americans With Disabilities Act, 42 U.S.C. §12101 et seq. (“ADA”). Plaintiffs were two disability […]
The post ADA Class Action Plaintiffs Win on Standing, but Lose (For Now) on Class Certification appeared first on Appellate Law NJ Blog.
Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, ___ F.3d ___ (3d Cir. 2018). Transcontinental Gas Pipe Line Company, LLC (“Transco”) obtained a certificate of public convenience to build a gas pipeline from the Federal Energy Regulatory Commission (“FERC”) after a hearing before that agency. A certificate of public convenience is essentially […]
The post A Lesson in Subject Matter Jurisdiction From Judge Greenaway appeared first on Appellate Law NJ Blog.
The State Senate yesterday voted to confirm Justice Patterson for tenure on the Supreme Court. She can now serve until age 70, the age of mandatory retirement. Her current term was to expire on September 1. This blog endorsed Justice Patterson for tenure, as discussed here. It is good to see that Governor Murphy, a […]
The post Justice Patterson Gets Tenure appeared first on Appellate Law NJ Blog.
Abdelkader v. Hosny, 2018 WL ______ (App. Div. July 26, 2018). In State in Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018), discussed here, Judge Messano discussed the purpose of Rule 2:5-6(c). That rule, which allows a trial judge to produce a supplementary statement of reasons for his or her decision following the […]
The post Supplementary Statement of Reasons by a Trial Level Judge, Redux appeared first on Appellate Law NJ Blog.
Sconiers v. United States, ___ F.3d ___ (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 unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six […]
The post The Federal Tort Claims Act Statute of Limitations appeared first on Appellate Law NJ Blog.
Vehicular manslaughter, also known as vehicular homicide, is the charge given when someone has been killed but the person who has done it, has not done it on purpose. This is worst charge you can get if you've been drinking and driving. It's the nightmare scenario that is difficult to imagine, but unfortunately it happens often more than you may think.
