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Feb 18, 2020 by Bruce D. Greenberg


Two Employment-Related Cases for the Supreme Court

The Supreme Court announced that it will review two more cases. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the other case, the Court granted certification. Allen v. Cape May County produced a 2-1 split in the Appellate Division. The Law Division granted…

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Feb 13, 2020 by Bruce D. Greenberg


Non-Delegation Doctrine Does Not Apply to Executive Actions

United States v. Bruce, ___ F.3d ___ (3d Cir. 2020). The “non-delegation” doctrine, used by the Supreme Court of the United States in the 1930’s to void certain aspects of the New Deal, has been receiving renewed attention lately, especially in certain conservative circles. As discussed here, Justices Gorsuch and Kavanaugh each wrote favorably about…

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Feb 12, 2020 by Bruce D. Greenberg


A Charter School Case and Two Criminal Cases (One Involving the Movie “The Shining”) Reach the Supreme Court

The Supreme Court announced that it has granted certification in three more cases. How can the case involving “The Shining” not be discussed first? That case is State v. Williams. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did the State’s summation, in which the prosecutor used a still photograph from…

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Feb 10, 2020 by Bruce D. Greenberg


Why Do We Still Have “Unpublished” Appellate Division Opinions?

State v. Thompson, ___ N.J. Super. ___ (App. Div. 2020). Judge Fisher, in this ruling issued today in a DWI case, “readily acknowledge[d] this opinion expresses nothing new.” One might wonder, then, why the opinion was designated for publication. Rule 1:36-2(d) provides a number of “guidelines” under which opinions “shall be published.” Several of those…

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Feb 10, 2020 by Bruce D. Greenberg


“Do’s and Don’ts of Appellate Practice- A February 25, 2020 Webinar

On February 25, from noon- 2 PM, NJICLE will presenting a webinar titled “Do’s and Don’ts of Appellate Practice.” I will be a panelist, along with Judges Koblitz and Sumners and Marie Hanley, Chief Counsel to the Appellate Division. This will be a great opportunity to get practice insights from two experienced appellate judges, as…

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Feb 7, 2020 by Bruce D. Greenberg


A Golf Cart Injury Gets Sent to Trial

McKeown v. American Golf Club, ___ N.J. Super. ___ (App. Div. 2020). Plaintiff McKeown was playing golf with defendant Robinson and his son-in-law, defendant Capavanni, and a fourth golfer, at Beaver Brook Country Club, which was operated by defendant American Golf Club (“AGC”). McKeown and Capavanni each rented golf carts. At some point, Robinson, who…

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Feb 5, 2020 by Bruce D. Greenberg


The Division of Taxation Wins in the Supreme Court on an Inheritance Tax Issue

Estate of Van Riper v. Director, Division of Taxation, ___ N.J. ___ (2020). The taxpayers in this case lost their argument, on summary judgment, before the Tax Court and then the Appellate Division. The Supreme Court granted review, as discussed here, and today the Court unanimously affirmed the decisions below. Justice Solomon wrote the Court’s…

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Feb 4, 2020 by Bruce D. Greenberg


For the Second Day in a Row, the Supreme Court Affirms the Appellate Division on an Opinion Below

New Jersey Land Title Ass’n v. Rone, ___ N.J. ___ (2020). As discussed here, yesterday the Supreme Court affirmed, on the opinion of the Appellate Division, that court’s ruling on a statute of limitations issue. Today, the Court took that route again. The per curiam opinion affirmed the Appellate Division’s decision, reported at 458 N.J.…

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Feb 3, 2020 by Bruce D. Greenberg


Three More Supreme Court Grants of Certification

The Supreme Court announced that it has granted certification in three more cases. Two of them are criminal matters. The third addresses labor and constitutional law issues. The labor appeal is Rozenblit v. Lyles, in which (as discussed here) the Appellate Division issued an opinion published at 461 N.J. Super. 20 (App. Div. 2019). The…

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Feb 3, 2020 by Bruce D. Greenberg


A Per Curiam Affirmance of an Appellate Division Statute of Limitations Decision

The Plastic Surgery Center, P.A. v. Malouf Chevrolet-Cadillac, Inc., ___ N.J. ___ (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 564 (App. Div. 2019), held that a 2012 amendment to N.J.S.A. 34:15-15 did not reduce the statute of limitations for the Workers Compensation Act from six years to…

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