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Mar 18, 2024 by Bruce D. Greenberg


The Entire Controversy Continues to Have Potency

Francavilla v. Absolute Resolutions VI, LLC, ___ N.J. Super. ___ (App. Div. 2024). Judge Vanek wrote this opinion for the Appellate Division in this putative class action case. Her first sentence describes the essence of the matter: “This appeal requires us to determine whether a putative class action complaint seeking to claw back funds paid…

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Mar 14, 2024 by Bruce D. Greenberg


The New Jersey Law Against Discrimination and Emotional Support Animals in Condominiums

Players Place II Condominium Ass’n, Inc. v. K.P., ___ N.J. ___ (2024). This case came to the Supreme Court as of right, due to a dissent in the Appellate Division, as discussed here. In a 6-0 opinion by Chief Justice Rabner (Justice Wainer Apter did not participate), the Court reversed the Appellate Division and laid…

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Mar 12, 2024 by Bruce D. Greenberg


“Compact” Ward Boundaries Under the Municipal Ward Law

Jersey City United Against the New Ward Map v. Jersey City Ward Commission, ___ N.J. Super. ___ (App. Div. 2024).…

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Mar 11, 2024 by Bruce D. Greenberg


Two New Criminal Cases for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. Both are criminal matters. The first new matter actually comprises two appeals, State v. Nieves and State v. Cifelli. The Supreme Court granted certification and leave to appeal. The question presented in those appeals, as phrased by the Supreme Court Clerk’s office,…

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Mar 8, 2024 by Bruce D. Greenberg


When is a Warrantless Automobile Search “Unforeseeable and Spontaneous”?

State v. Baker, ___ N.J. Super. ___ (App. Div. 2024). This opinion by Judge Currier, in a drug possession case, involved once again the automobile exception to the warrant requirement for a search. To summarize the facts, the police initially stopped defendants’ vehicle based on a reasonable suspicion of a motor vehicle violation because the…

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Mar 5, 2024 by Bruce D. Greenberg


“The Unique Facts of This Case” Lead the Supreme Court to Hold That the Defense Was Properly Required to Produce a Certain Affidavit in Reciprocal Discovery

State v. Knight, ___ N.J. ___ (2024). In this opinion by Justice Pierre-Louis today, a unanimous Supreme Court twice stated that the facts of this case were “unique.” That is likely correct, as the summary of those facts by Justice Pierre-Louis shows: “Defendant Isaiah J. Knight was charged with murder. A witness to the murder…

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Mar 1, 2024 by Bruce D. Greenberg


The Public Disclosure Bar of the New Jersey False Claims Act

State of New Jersey ex rel. Health Choice Group, LLC v. Bayer Corporation, ___ N.J. Super. ___ (App. Div. 2024). As Judge Gilson discussed in his opinion for the Appellate Division today, the New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17 to -18 (“the NJFC Act”), like its federal analog False Claims Act,…

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Feb 29, 2024 by Bruce D. Greenberg


Big Changes in the Appellate Division

In orders dated yesterday and published this morning, Chief Justice Rabner announced significant changes in the Appellate Division. Four new judges have been temporarily elevated to that court, while a fifth, already sitting judge has been promoted to Presiding Judge of one of the Appellate Division’s seven Parts. The new Presiding Judge is Judge Vernoia.…

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Feb 28, 2024 by Bruce D. Greenberg


No Jurisdiction in New Jersey Over Boys and Girls Clubs of America

E.T. v. The Boys and Girls Club of Hudson County, ___ N.J. Super. ___ (App. Div. 2024). This appeal actually consisted of six consolidated matters. Similar to recent decisions involving claims that Catholic archdioceses bore responsibility for sexual abuse allegedly perpetrated by local priests, discussed here, these cases were brought not only against the Boys…

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Feb 26, 2024 by Bruce D. Greenberg


Three Published Appellate Division Decisions Last Week

All was quiet on the Supreme Court front last week. But the Appellate Division issued three published opinions. Here are summaries. Sackman Enterprises, Inc. v. Mayor & Council of Borough of Belmar, ___ N.J. Super. ___ (App. Div. 2024). This opinion by Judge Chase addressed three questions under a new section of the Municipal Land…

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