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Mar 29, 2017 by Bruce D. Greenberg


A Bail Reform Act Case, A “John Doe” Civil Case, and More Criminal Appeals Are Added to the Supreme Court’s Docket

The Supreme Court announced today that it has granted review in three cases.  The first arises under the new Bail Reform Act.  The question presented there, as phrased by the Supreme Court Clerk’s Office, is “At a pretrial detention hearing pursuant to New Jersey’s Bail Reform Act, N.J.S.A. 2A:162- 15 to -126, may the State…

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Mar 28, 2017 by Bruce D. Greenberg


Mass Action Plaintiffs Must be Careful in Pleading, or Their Case Will be Removable to Federal Court Under CAFA

Ramirez v. Vintage Pharmaceuticals, LLC, ___ F.3d ___ (3d Cir. 2017).  The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to “mass actions.”  28 U.S.C. §1332(d)(11).  To qualify as a mass action, there must be at…

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Mar 28, 2017 by Bruce D. Greenberg


Model Civil Jury Charges Are Amended in Response to Recent Appellate Decisions

According to a March 24 Notice to the Bar that was published today, the Supreme Court Committee on Model Civil Jury Charges has approved a number of revised Model Civil Jury Charges on a number of subjects.  Though all of the changes are important to note, several of the revised charges resulted directly from recent…

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Mar 27, 2017 by Bruce D. Greenberg


Sovereign Immunity Defeats Contribution Claims Against the State for Pre-Spill Act Discharges

NL Industries, Inc. v. State, ___ N.J. ___ (2017).  In 1976, the Legislature passed the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (“the Spill Act”).  The Spill Act became effective in 1977. Years earlier, in the early 1970’s, Sea-Land Corporation built a seawall in Laurence Harbor, NJ that was designed to…

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Mar 24, 2017 by Bruce D. Greenberg


A Sanctions Anniversary

On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003).  This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide a discovery issue.  It was an even more rare result, since the panel ordered that…

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Mar 22, 2017 by Bruce D. Greenberg


Rulings on Lack of Personal Jurisdiction and Forum Non Conveniens Normally Require a Discovery Record

Rippon v. Smigel, ___ N.J. Super. ___ (App. Div. 2017).  This opinion by Judge Haas today reverses a dismissal that was based on lack of personal jurisdiction, forum non conveniens, and res judicata.  The main reason was the state of the motion record, which Judge Haas labeled as “sparse,” “thin,” and “meager.”  The lesson of…

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Mar 22, 2017 by Bruce D. Greenberg


The Supreme Court Adds Five More Cases

The Supreme Court has granted review in five cases.  One of them is an appeal as of right, by virtue of a dissent in the Appellate Division.  That case is State v. Twiggs.  The question presented there, as phrased by the Supreme Court Clerk’s Office, is “When addressing the statute of limitations in a criminal…

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Mar 13, 2017 by Bruce D. Greenberg


Tomorrow’s Anticipated Blizzard Affects Oral Arguments in New Jersey’s Appellate Courts and in the Third Circuit Court of Appeals

The Supreme Court has announced that it has adjourned the oral arguments scheduled for tomorrow.  One of the cases to be argued was a major consumer class action case, Dugan v. TGI Friday’s, 445 N.J. Super. 59 (App. Div. 2016) (discussed here). The several Appellate Division panels that had oral arguments scheduled for tomorrow and…

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Mar 13, 2017 by Bruce D. Greenberg


Collateral Source Statute Does Not Apply to Awards Under the New Jersey Law Against Discrimination

Acevedo v. Flightsafety International, Inc., ___ N.J. Super. ___ (App. Div. 2017).  In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division to offset a back pay award under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 to -49 (“LAD”) with a portion of the unemployment benefits…

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Mar 10, 2017 by Bruce D. Greenberg


Two More Suppression of Evidence Cases for the Supreme Court

The Supreme Court announced today that it has granted leave to appeal in two criminal cases, each of which addresses the suppression of evidence.  In State v. Atwood, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Was the seized evidence properly suppressed based on defendant’s challenge to police conduct occurring prior…

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