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Apr 18, 2018 by Bruce D. Greenberg


The Supreme Court Adds Two Cases Involving Schools

The Supreme Court announced that it will review two new cases.  One is at the Court as of right, due to a dissent in the Appellate Division.  The Court granted certification in the other. The appeal as of right is Green v. Monmouth University.  The Appellate Division’s decision was discussed here.  The Appellate Division, with…

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Apr 11, 2018 by Bruce D. Greenberg


Two Nominees for the Third Circuit

The White House announced two nominees to fill seats on the Third Circuit Court of Appeals.  They are Paul Matey of New Jersey and David Porter of Pennsylvania. Matey is currently senior vice president and general counsel of University Hospital in Newark.  He is a graduate of the University of Scranton and Seton Hall School…

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Apr 10, 2018 by Bruce D. Greenberg


Judges Firko and Natali Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner has announced that Judges Lisa A. Firko and Arnold L. Nitali, Jr., have been temporarily assigned to the Appellate Division.  Both judges will serve in the Appellate Division, on Parts to be designated by the Appellate Division’s Presiding Judge for Administration, beginning on April 16 and continuing through June 24. Judge Firko,…

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Apr 10, 2018 by Bruce D. Greenberg


No Cause of Action for “Negligent Identification as a Suspect”

Morris v. T.D. Bank, ___ N.J. Super. ___ (App. Div. 2018).  This case arose out of a robbery at a T.D. Bank in Union, New Jersey.  Plaintiff, an African-American man, was waiting before a teller to make a withdrawal.  Another African-American man approached the teller before plaintiff and, unbeknownst to plaintiff, gave the teller a…

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Apr 5, 2018 by Bruce D. Greenberg


46 Years Ago Today, the Supreme Court Reconsidered and Amended Its Ruling

Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions.  Rarely does that succeed.  On this day in 1972, however, the Supreme Court, acting on new information provided not by a losing party, but by intervenors who joined the case after the Court’s initial decision, amended its original judgment…

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Apr 2, 2018 by Bruce D. Greenberg


A Defective Products Class Action Fails for a Unique Reason

Gonzalez v. Owens Corning, ___ F.3d ___ (3d Cir. 2018).  This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful life.  The District Court denied plaintiffs’ motion for class certification.  Plaintiffs sought interlocutory review of…

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Mar 28, 2018 by Bruce D. Greenberg


In Construing Wills and Trusts, “Plain Meaning” of Language Gives Way to “Testator’s Probable Intent”

In re Trust of Violet Nelson, ___ N.J. Super. ___ (App. Div. 2018).  As Judge Ostrer stated in his opinion in this case today, the issue was “whether a trial court may look beyond the apparently plain language of a trust that benefitted the settlor’s ‘grandchildren’ to determine whether the settlor intended to benefit only…

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Mar 27, 2018 by Bruce D. Greenberg


Four More Criminal Cases for the Supreme Court

The Supreme Court announced this afternoon that it has granted certification in four new cases, all criminal matters.  Here is the summary. In State v. Nelson, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Under the circumstances presented, did the police have a reasonable articulable suspicion to stop defendant’s car; and…

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Mar 27, 2018 by Bruce D. Greenberg


Judge Fuentes Offers Appellate Practice Tips

Judge Jose Fuentes has often been willing to share his views about what is and is not good appellate practice.  Examples of that were discussed here and here.  At last night’s NJSBA Appellate Practice Committee meeting, Judge Fuentes took questions from committee members and offered a number of practice pointers.  Some have been stated before,…

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