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Jan 17, 2019 by Bruce D. Greenberg


Legislative Silence About Statute of Limitations When Amending Statute Did Not Effect Reduction of Prior Limitations Period

The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., ___ N.J. Super. ___ (App. Div. 2019).  This opinion today by Judge Fisher was so legal issue-intensive that he found that the factual “details of these cases need not clutter…

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Jan 16, 2019 by Bruce D. Greenberg


Another Less-Than-Direct Way of Trying to Impose an Arbitration Scheme Fails

Skuse v. Pfizer, Inc., ___ N.J. Super. ___ (App. Div. 2019).  Sometimes, the first sentence of a judicial opinion tells you all you need to know about the result, even if the full opinion is 35 pages long.  That was so of Judge Sabatino’s opinion today in this case.  The first sentence read “This case…

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Jan 15, 2019 by Bruce D. Greenberg


Appellate Practice Insights From Judge Vernoia

The guest speaker at last night’s meeting of the NJSBA Appellate Practice Committee was Judge Vernoia.  He offered some of his thoughts and insights about appellate practice and answered questions from Committee members.  It was a very valuable presentation.  Here is some of what he had to say. Judge Vernoia said that the biggest problem…

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Jan 14, 2019 by Bruce D. Greenberg


“Extraordinary Circumstances” Called for Permission to File Late Notice of Tort Claim

O’Donnell v. New Jersey Turnpike Authority, ___ N.J. ___ (2019).  Under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”), a person who wishes to file a tort lawsuit against a public entity must file a notice of claim within 90 days “after the accrual of the cause of action.”  The TCA creates…

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Jan 11, 2019 by Bruce D. Greenberg


65 Years Since In re Plainfield-Union Water Co.

On this date in 1954, the Supreme Court decided In re Plainfield-Union Water Co., 14 N.J. 296 (1954).  Along with Handlon v. Town of Belleville, 4 N.J. 99 (1950), discussed here, Plainfield-Union is one of the foundation stones of administrative law principles in New Jersey.  That opinion, like Handlon, was written by Justice Heher. This…

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Jan 10, 2019 by Bruce D. Greenberg


“Confusing,” “Contradictory,” and “Obscure” Provision of Consumer Contract Claimed to Mandate Arbitration is Held Not to Do So

Kernahan v. Home Warranty Administrator of Florida, Inc., ___ N.J. ___ (2019).  When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three options.  First, the Court can vacate its grant of certification, a path justified by the…

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Jan 9, 2019 by Bruce D. Greenberg


The Supreme Court Answers Certified Questions About the Ticket Resale Law

Finkleman v. National Football League, ___ N.J. ___ (2019).  This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a putative consumer class action.   The questions involve N.J.S.A. 56:8-35.1 of the Ticket Resale Law, which was in force in 2014 but was repealed in 2018,…

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Jan 8, 2019 by Bruce D. Greenberg


Drug Court and Expungements

In re Expungement of Arrest-Charge Records of T.B., ___ N.J. ___ (2019).  Today, the Supreme Court issued its first opinion of 2019, a unanimous ruling by Chief Justice Rabner.  The matter involved three consolidated cases.  The defendants in those cases pled guilty to third-degree offenses, went into the Drug Court program, and successfully graduated from…

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Jan 8, 2019 by Bruce D. Greenberg


Reconsideration Motion Was Not Timely “Served,” and Court Thus Had No Subject Matter Jurisdiction Over It

Murray v. Comcast Corp., ___ N.J. Super. ___ (App. Div. 2019).  In this employment case, the issue was whether the Law Division had subject matter jurisdiction to entertain a motion for reconsideration.  On June 9, 2017, the Law Division granted defendants’ motion to compel arbitration of plaintiff’s claims.  Plaintiff mailed in a motion for reconsideration…

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Jan 7, 2019 by Bruce D. Greenberg


When Can a Municipality or Local Redevelopment Agency Condemn Property as “Necessary for [a] Redevelopment Project”?

Borough of Glassboro v. Grossman, ___ N.J. Super. ___ (App. Div. 2019).  The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 (“LRHL”) allows municipalities or redevelopment agencies to acquire by condemnation lands or buildings “necessary for the redevelopment project.”  But what makes property “necessary” for such a project, and what sort of showing must…

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