Jeff

[Jeff @jeffmongiello]

@OrinKerr The NJ Supreme Court will have to wade into the geofence warrant issue soon too. A recent split Appellate Division opinion guarantees Supreme Court review.
https://t.co/KYHti80lw6

[Jeff @jeffmongiello]

@FischettiJA Though I don't doubt losing Albin and LaVecchia has an impact from the other direction. That's losing two very gettable votes for cert on an interesting issue raised by a defendant.

[Jeff @jeffmongiello]

@FischettiJA We're still probably seeing downstream impact of Covid closures though. Criminal investigations were on pause then scaled back for a longer time leading to fewer indictments, trials, appeals. The pipeline still needs to build back up a bit.

[Jeff @jeffmongiello]

@FischettiJA Also no Hudson judge is being elevated to Assignment Judge to replace him. New AJ is coming from different county.

[Jeff @jeffmongiello]

@FischettiJA @colleenodea @Malinowski Didn't the plaintiffs also file a motion to go right to the Supreme Court and skip the Appellate Division? Is that still pending?

[Jeff @jeffmongiello]

@smmarotta @FischettiJA @fedjudges Presumably a top Chief Justice contender too when, and if, Rabner ever turns 70.

[Jeff @jeffmongiello]

@smmarotta @FischettiJA NJ should have a designated number of App Div slots for direct assignment after confirmation instead

[Orin Kerr @OrinKerr]

HEY CRIMINAL DEFENSE LAWYERS: I have posted a revised version of my draft motion to suppress for 2703(f) preservation. Use it when your client's e-mail or FB messages were obtained!

,Pdf version:
https://t.co/Tt5rr8PZco

Word for editing:
https://t.co/VuBvQKK1qc

[Jeff @jeffmongiello]

Supreme Court denies cert in a trio of FCA cases seeking review of the pleading standard for relator actions
https://t.co/RlTOQpAIfJ
#appellatetwitter #SCOTUS

[Epstein Becker Green @ebglaw]

Attorney-client privilege: What standard governs dual-purpose communications, which contain legal and non-legal advice? Attorney Jeffrey Mongiello examines an upcoming #SupremeCourt case that could have a profound impact.

#litigation

https://t.co/5TmKPs2T73

[Jeff @jeffmongiello]

@FischettiJA Classic Friday news dump announcing the end of Courier New.

[Sean Marotta @smmarotta]

It makes sense that Lowenstein would hire Justice Albin. With @FischettiJA moving on, they need someone who knows the New Jersey Supreme Court.

[Jeff @jeffmongiello]

The @ElectionLawBlog adds an interesting point about whether the independent state legislature doctrine would impact NJ courts declaring the fusion ban unconstitutional at least for federal elections.

[Jeff @jeffmongiello]

With a new push in NJ to have the ban on fusion voting declared unconstitutional, I thought I would do a Friday-night thread on the potential litigation.
https://t.co/mFbIPkOeSn

[Jeff @jeffmongiello]

The NJ Supreme Court famously does not shirk from hearing tough cases or political ones. But will the Court hear this case on an expedited basis when it has less than a full complement of Justices or will it let the case play out in the normal course, which may be 1 or 2 years.

[Jeff @jeffmongiello]

My New Jersey lawyer quote made it into the Election Law Blog!
Full circle as I think I actually cited an #ELB post in my fusion voting Law Review comment mentioned in the Times article.

[Rick Hasen @rickhasen]

#ELB: “New Jersey Centrists Seek to Legalize Their Dream: The Moderate Party” https://t.co/mO3Zg0S9Mc

[Epstein Becker Green @ebglaw]

What expert testimony is admissible? Proposed amendments to Rule 702 are intended to clarify the federal standard. Attorneys Jeffrey Mongiello and Zachary Taylor outline the changes, on the Commercial Litigation Update blog.

#whitecollar #litigation

https://t.co/PWpXqBg2Pw

[Matt Friedman @MattFriedmanNJ]

https://t.co/lxl6b8Ufsg

[POLITICO Pro @POLITICOPro]

Progressive activist Altman helping to organize 'Moderate Party' efforts https://t.co/wMLGrOCkCc

[Jeff @jeffmongiello]

@FischettiJA Can't imagine the AG's office would ever raise it though and open themselves up to proceeding in the Law Div

[Jeff @jeffmongiello]

@FischettiJA I hadn't put much thought into the jurisdiction issue either until now. But Mandel Appellate Practice has a small section on statutory enforcement as an exception to an administrative appeal as of right.
It appears to be based only on one case but may be a potential pitfall