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Aug 13, 2019 by Bruce D. Greenberg


RPC 3.7- Attorneys as Witnesses

Escobar v. Mazie, ___ N.J. Super. ___ (App. Div. 2019). This appeal arose out of an order disqualifying every attorney at the law firm of Mazie Slater Katz & Freeman, LLC except Adam Slater from representing the firm or one of its principals, David Mazie, in defense of this malpractice action. Slater certified that he…

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Aug 5, 2019 by Bruce D. Greenberg


Three More Supreme Court Grants of Review

The Supreme Court announced that is has granted certification in three more cases. Two of them are criminal appeals. The third is an insurance case in which, due to a dissent in the Appellate Division, an appeal as of right was also filed and accepted by the Court. The insurance case is Katchen v. Government…

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Aug 1, 2019 by Bruce D. Greenberg


Retroactive Hiatus

Due to a Supreme Court brief, a major Appellate Division brief, some personal matters, and issues as to the hosting of this blog, there were no postings here for the last part of July. So this post is in the nature of a retroactive declaration of a hiatus. Hopefully, things will be (closer to) normal…

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Jul 18, 2019 by Bruce D. Greenberg


The Supreme Court Takes Up Five More Cases

The Supreme Court announced today that it has granted review in five more cases. In four of those matters, the Court granted certification. The fifth case will be before the Court as a result of a motion for leave to appeal. Wild v. Carriage Funeral Holdings, Inc. was the subject of a published Appellate Division…

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Jul 18, 2019 by Bruce D. Greenberg


Peter Phipps is Confirmed for a Seat on the Third Circuit Court of Appeals

The United States Senate this week confirmed Peter Phipps, who currently sits as a District Judge in the United States District Court for the Western District of Pennsylvania, for a seat on the Third Circuit. The vote was 56-40, with three Democrats joining all Republican Senators in voting in favor. Judge Phipps now takes the…

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Jul 17, 2019 by Bruce D. Greenberg


“Affirmed by an Equally Divided Court”

L.R. v. Camden City Public School Dist., ___ N.J. ___ (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was affirmed by an equally divided Court. Only six Justices sat because Justice Fernandez-Vina did not participate. As discussed here, the question presented in this appeal…

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Jul 16, 2019 by Bruce D. Greenberg


Still Fighting Over Dugan v. TGI Friday’s

Cameron v. South Jersey Pubs, Inc., ___ N.J. Super. ___ (App. Div. 2019). As discussed here, in Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017), the Supreme Court rendered a split decision on class certification in two consolidated consumer action cases involving drink prices at TGI Friday’s restaurants. Those cases sought damage classes under…

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Jul 10, 2019 by Bruce D. Greenberg


Judges Susswein and Enright are Promoted to the Appellate Division

In a development foreshadowed by yesterday’s issuance of the 2019-2020 General Assignment Order, the Supreme Court today published two orders dated July 8 that appoint Judges Ronald Susswein and Catherine Enright to the Appellate Division, effective as of August 1, 2019. Judge Susswein was appointed to the bench in Mercer County by Governor Christie in…

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Jul 10, 2019 by Bruce D. Greenberg


Traditional Contract Law “Penalty” Clause Analysis Does Not Apply to Matrimonial Settlement Agreements

Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered…

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