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Mar 15, 2019 by Bruce D. Greenberg


Thirteen Years Since Perez v. Rent-A-Center

On March 15, 2006, the Supreme Court decided Perez v. Rent-A-Center, 186 N.J. 188 (2006).  By a 6-1 vote, with Justice Rivera-Soto issuing a partial dissent, the Court held in an opinion by Justice Long that “rent-to-own” contracts are subject to the Retail Installment Sales Act, N.J.S.A. 17:16C-1 et seq. (“RISA”), to the interest rate…

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Mar 13, 2019 by Bruce D. Greenberg


The Supreme Court Takes on a Lot More Work

Today, the Supreme Court announced that it has granted review in nine more cases.  That is many more cases than are usually accepted for review at one time, though it has been 30 days since the Court last announced grants of review.  Six of the cases involve grants of certification, two are before the Court…

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Mar 13, 2019 by Bruce D. Greenberg


Paul Matey is Confirmed to a Seat on the Third Circuit Court of Appeals

Yesterday, the Senate voted 54-43 to confirm Paul Matey to a seat on the Third Circuit.  The vote largely followed party lines, with Senator Joe Manchin (D- WV) the only Democrat to vote in favor of the nomination.  The Senate deviated (and not for the first time under the current Administration) from what had been…

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Mar 12, 2019 by Bruce D. Greenberg


Today’s Third Circuit Opinion: “Argued October 28, 2015 (Opinion Filed March 12, 2019)”

Komis v. Secretary of the United States Department of Labor, ___ F.3d ___ (3d Cir. 2019).  This opinion by Judge Scirica today affirmed the result of a jury trial in this Title VII retaliation and retaliatory hostile work environment case.  Judge Scirica encapsulated virtually the entire ruling of the panel in the second paragraph of…

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Mar 12, 2019 by Bruce D. Greenberg


The Anniversary of Trentacost v. Brussel

On this date in 1980, the Supreme Court decided Trentacost v. Brussel, 82 N.J. 214 (1980).  As stated by Justice Pashman, who wrote the majority opinion, the question there was “whether a landlord who provides inadequate security for common areas of rental premises may be liable for failing to prevent a criminal assault upon a…

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Mar 7, 2019 by Bruce D. Greenberg


A Blast From the Past: The Entire Controversy Doctrine and Legal Malpractice Claims

Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuoo, Hyman and Stahl, P.C., ___ N.J. ___ (2019).  In 1997, the Supreme Court decided Olds v. Donnelly, 150 N.J. 424 (1997).  That decision held, among other things, that the entire controversy doctrine does not require the assertion of a legal malpractice claim in the underlying action that gives rise…

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Mar 7, 2019 by Bruce D. Greenberg


Judge Porter Issues His First Precedential Opinion

Madar v. Unites States Citizenship and Immigration Services, ___ F.3d ___ (3d Cir. 2019).  Having been confirmed by the Senate as the newest member of the Third Circuit in October 2018, Judge Porter today issued his first precedential opinion.  In short, the issue was whether plaintiff, who was born outside the United States, was entitled…

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Mar 6, 2019 by Bruce D. Greenberg


The Local Government Ethics Law and Super Storm Sandy

Mondsini v. Local Finance Board, ___ N.J. Super. ___ (App. Div. 2019).  This opinion by Judge Messano deals with an issue under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.5 (“LGEL”) that was occasioned by Super Storm Sandy in 2012.  Plaintiff was the Executive Director of the Rockaway Valley Regional Sewerage Authority.  “The Authority…

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Mar 5, 2019 by Bruce D. Greenberg


A Unanimous Opinion by Judge Ambro, With a Concurring Opinion by Judge Ambro and Judge Greenaway. Huh?

United States v. Reese, ___ F.3d ___ (3d Cir. 2019).  The Third Circuit issued this opinion today.  As Judge Ambro’s opinion for the unanimous panel stated at the very beginning, “This is one of the rare cases in which the Speedy Trial Act, 18 U.S.C. §§3161–3174, requires that we vacate a conviction and remand for…

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Mar 1, 2019 by Bruce D. Greenberg


Damages to a Motor Vehicle From an Accident Can Include Damages for the “Stigma” of Being in an Accident Even Though the Vehicle in Question Was Repaired to Its Pre-Accident Condition

Financial Services Vehicle Trust v. Panter, ___ N.J. Super. ___ (App. Div. 2019).  This appeal actually involved four consolidated cases, all of them originating in the Small Claims Part of the Superior Court.  In each case, the plaintiff had been in an auto accident.  Each plaintiff sought compensation not only for the physical damage to…

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