Jeff

@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. njcourts.gov/system/files/c…

For my view of why the Fifth Circuit's ruling is wrong, see my draft article, "Data Scanning and the Fourth Amendment." papers.ssrn.com/sol3/papers.cf…

DOJ seeking more time isn't itself particularly newsworthy, but DOJ and lower courts grappling with the fallout from the Fifth Circuit's geofence warrant ruling (and how it applies to other technologies) certainly is. Stay tuned. courtwatch.news/p/exclusive-do…

@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.

@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.

The NJ Supreme Court heard two arguments in criminal cases this week. That used to be a pretty mundane and typical thing to happen, but the last time the Court heard two non-consolidated criminal arguments in a single sitting was November 2023.

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

The elevation is also unusual because Jablonski appears to be going straight to permanent App Div assignment without any interim period on temporary assignment. The order of appointment does not specify the Part on which he will sit.

Jablonski will be the only App Div judge with experience as an Assignment Judge. It's a rare leap to make. Most AJSCs retire in that role. I'm sure it's happened other times, but Justice Brennan (first Somerset AJSC before going to App Div) is the only one who comes to mind.

@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?

@colleenodea @Malinowski Last I checked, it was fully briefed in the Appellate Division as of August. But the briefs are massive and there are over a half-dozen amici, so it could be a while before it gets on the argument calendar.

And what ever happened to that lawsuit filed on behalf of @Malinowski ?

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

@FischettiJA @fedjudges I mean, who wouldn't want to have 68 opinions a year divided by seven justices?

Interesting discussion about other contenders here.

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

@FischettiJA I always feel a teeny bit bad for these super star legal minds who find themselves staring down the FD docket or Special Civil Part. I imagine it's not what they imagined it would be.

This is a loss for New Jersey's judiciary. From everything I've heard from people who worked with him in the Governor's and AG's Offices, Judge Babar is a whip smart and impressive attorney. newjerseyglobe.com/judiciary/supe…

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: drive.google.com/file/d/1e5eddT… Word for editing: #heading=h.gjdgxs" target="_blank" rel="nofollow noopener">docs.google.com/document/d/1Yp…

Supreme Court denies cert in a trio of FCA cases seeking review of the pleading standard for relator actions supremecourt.gov/orders/courtor… #appellatetwitter #SCOTUS

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 hubs.la/Q01p88T50

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

Come on! How do you post the rule amendments at 4:30 on a Friday afternoon in August??? njcourts.gov/notices/2022/n…

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

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.

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.

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. nytimes.com/2022/06/07/us/…

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.

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 hubs.la/Q01dCjFF0

Progressive activist Altman helping to organize 'Moderate Party' efforts ow.ly/jCM3103JLGj

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

@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