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Apr 12, 2024 by Bruce D. Greenberg


Five New Appeals for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. All of them are civil matters. Three of the cases involved published opinions of the Appellate Division. In D.T. v. Archdiocese of Philadelphia, the question presented, as phrased by the Supreme Court Clerk’s office, is “Under the circumstances presented, is the Archdiocese…

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Apr 4, 2024 by Bruce D. Greenberg


Appeals From a Municipal Court to the Law Division Require a Hearing

State v. Jang, ___ N.J. Super. ___ (App. Div. 2024). A party unhappy with a ruling by a Municipal Court may appeal to the Law Division for a trial de novo. As the Supreme Court said in State v. Robertson, 228 N.J. 138 (2017), “[a]t a trial de novo, the court makes its own findings…

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Apr 1, 2024 by Bruce D. Greenberg


An Additur Anniversary

On April 1, 1957, the Supreme Court decided Fisch v. Manger, 24 N.J. 66 (1957). The key issue there was whether the practice of additur, under which a trial judge may, after a jury verdict, increase the amount of the verdict rather than ordering a new trial, if the defendant consents. The case involved an…

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Mar 29, 2024 by Bruce D. Greenberg


Two Arbitration Decisions by the Appellate Division

This week, the Appellate Division decided two very different kinds of arbitration matters. Yesterday, Judge Sabatino issued an opinion in Morison v. Willingboro Bd. of Educ., ___ N.J. Super. ___ (App. Div. 2024). That case involved efforts of school districts to discipline or remove tenured teachers or administrators for improper conduct. Until 2012, such matters…

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Mar 26, 2024 by Bruce D. Greenberg


The Supreme Court Affirms in the State v. Harrell Confrontation Clause Case

State v. Harrell, ___ N.J. ___ (2024). As discussed here, this case presented the following question for the Supreme Court: “Under the circumstances presented, is the alleged victim’s recorded statement from when she was eight years old admissible at trial now when she is fifteen and would testify that she recalls only one of the…

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Mar 25, 2024 by Bruce D. Greenberg


“Illusory Discounts” Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, ___ N.J. ___ (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the majority opinion, Chief Justice Rabner, and Justices Patterson and Pierre-Louis. Justice Fasciale authored the dissent, in which Justices Wainer Apter and Noriega joined. The case,…

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Mar 25, 2024 by Bruce D. Greenberg


The Supreme Court Takes Up Two Published Appellate Division Decisions

The Supreme Court announced that it has granted certification in two new cases. Both cases were the subject of published opinions in the Appellate Division. In 257-261 20th Avenue Realty, LLC v. Roberto, the question presented, as phrased by the Supreme Court Clerk’s office, is “Is the Tax Sale Law, which authorizes the purchaser of…

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Mar 21, 2024 by Bruce D. Greenberg


Alcoholism As a Disability Under the New Jersey Law Against Discrimination: An Anniversary

On this date in 1988, the Supreme Court decided Clowes v. Terminix Int’l, Inc., 109 N.J 575 (1988). The Court’s unanimous opinion, written by Justice Clifford, stated that “[t]he principal issue posed by this appeal is whether alcoholism is to be deemed a handicap under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42”…

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Mar 18, 2024 by Bruce D. Greenberg


The Entire Controversy Continues to Have Potency

Francavilla v. Absolute Resolutions VI, LLC, ___ N.J. Super. ___ (App. Div. 2024). Judge Vanek wrote this opinion for the Appellate Division in this putative class action case. Her first sentence describes the essence of the matter: “This appeal requires us to determine whether a putative class action complaint seeking to claw back funds paid…

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Mar 14, 2024 by Bruce D. Greenberg


The New Jersey Law Against Discrimination and Emotional Support Animals in Condominiums

Players Place II Condominium Ass’n, Inc. v. K.P., ___ N.J. ___ (2024). This case came to the Supreme Court as of right, due to a dissent in the Appellate Division, as discussed here. In a 6-0 opinion by Chief Justice Rabner (Justice Wainer Apter did not participate), the Court reversed the Appellate Division and laid…

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