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Sep 21, 2018 by Bruce D. Greenberg

“Deemed Adopted” Administrative Law Judge Disciplinary Decision Gets the Same Deference on Appeal as Agency’s Imposition of Discipline or Trial Court’s Sentencing Decision

In re Hendrickson, ___ N.J. ___ (2018).  This first Supreme Court opinion of the current Term is by Justice Albin.  The opening paragraphs of his ruling concisely and completely describe what the case is about, what the result is, and why (though the rest is worth reading as well).  Here are Justice Albin’s words:  “Under…

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Sep 17, 2018 by Bruce D. Greenberg

House Judiciary Committee Votes for Live Streaming of U.S. Supreme Court and Circuit Court of Appeals Oral Arguments

The House Judiciary Committee, by a voice vote, advanced the Judiciary Reforms, Organizational and Modernization Act of 2018, known as “the Judiciary ROOM Act.”  The bill number is H.R. 6755.  Among many other things, along with adding new District Judges in a number of Districts (including three in the District of New Jersey– hooray!) and…

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Sep 14, 2018 by Bruce D. Greenberg

Software Relied on by Appraisal Experts in Tax Appeals Must be Shown to be Reliable

Palisadium Managemen Corp. v. Borough of Cliffside Park, ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Accurso involved an appeal from decisions of the Tax Court that rejected plaintiff’s challenge to tax assessments on its properties.  There was a cross-appeal by the defendant Borough, which related to the Tax Court’s rejection of…

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Sep 5, 2018 by Bruce D. Greenberg

“Wants” vs. “Needs” and the Fair Housing Amendments Act

Vorchheimer v. The Philadelphian Owners Association, ___ F.3d ___ (3d Cir. 2018).  Today’s opinion by Judge Bibas focuses on what is “necessary” for purposes of the Fair Housing Amendments Act, 42 U.S.C. §3604(f).  That section prohibits discrimination against any person in housing, and defines “discrimination” as including “a refusal to make reasonable accommodations in rules,…

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Sep 4, 2018 by Bruce D. Greenberg

SLUSA Does Not Bar Investors’ Claims That Broker Overcharged Them to Execute Securities Transactions

Taksir v. The Vanguard Group, ___ F.3d ___ (3d Cir. 2018).  As relevant to this appeal, the Securities Litigation Uniform Standards Act of 1998, 15 U.S.C. §78bb (“SLUSA”), states that “[n]o covered class action based upon the statutory or common law of any State or subdivision thereof may be maintained in any State or Federal…

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Aug 31, 2018 by Bruce D. Greenberg

Michael E. Patunas (1967-2018)

This is a very difficult post to write.  Michael E. Patunas was my colleague at Lite DePalma Greenberg, LLC for more than fifteen years.  He was my partner for a good portion of that time.  Mike died, too young, on August 30, 2018. This is an appellate law blog, so it’s necessary to cite appeals…

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Aug 30, 2018 by Bruce D. Greenberg

How Not to Enter Into a Retainer Agreement

Balducci v. Cige, ___ N.J. Super. ___ (App. Div. 2018).  This opinion by Judge Nugent today affirmed a trial level decision, after a plenary hearing, that voided a retainer agreement between the defendant attorney and the plaintiff client for defendant to bring suit under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”). …

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Aug 29, 2018 by Bruce D. Greenberg

Unlike Municipal License Fees for Landlords, Municipal Fees to Defray Costs of Inspecting Apartment Units Are Authorized

Cona v. Township of Washington, ___ N.J. Super. ___ (App. Div. 2018).  In Timber Glen Phase III, LLC v. Hamilton Tp., 441 N.J. Super. 514 (App. Div. 2015), the Appellate Division ruled that a local ordinance that required landlords to obtain a license before any unit could be leased and pay an annual fee for…

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Aug 28, 2018 by Bruce D. Greenberg

As Summer Nears Its End, the Third Circuit Cranks Out Opinions

This time of the year there are slim pickings in terms of published opinions of the Supreme Court of New Jersey or the Appellate Division.  Even unpublished Appellate Division opinions slow to a trickle.  And, of course, the Supreme Court of the United States is in its summer recess.  But this is a particularly fertile…

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