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Sep 13, 2019 by Bruce D. Greenberg


The “Short and Plain Statement” Requirement of Rule 8 of the Federal Rules of Civil Procedure

Garrett v. Wexford Health, ___ F.3d ___ (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that “were deliberately indifferent to his serious medical needs and that they retaliated against him.” The District Court dismissed his case, holding that he had not exhausted administrative remedies under…

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Sep 12, 2019 by Bruce D. Greenberg


Statements Against Interest, a Hearsay Exception

Rowe v. Bell & Gossett Co., ___ N.J. ___ (2019). This first Supreme Court opinion of the new Term, written by Justice Patterson for a unanimous Court, addresses the hearsay exception contained in Evidence Rule 803(c)(25). Plaintiff, who died during the pendency of appeals in the case, sued a number of defendants after contracting mesothelioma.…

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Sep 12, 2019 by Bruce D. Greenberg


The Supreme Court Takes Up a Complex Foreclosure Case

[Disclosure: I represent the petitioner in this matter.] The Supreme Court today announced its first grant of review in the new Term. The case is West Pleasant-CPGT, Inc. v. U.S. Home Corp. The question presented, as phrased by the Supreme Court Clerk’s office, is “Among other issues, is a fair market value credit available to…

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Sep 4, 2019 by Bruce D. Greenberg


Can a Supreme Court Decision be Non-Binding on Lower Courts Without Being Overruled?

Unlike so many judicial opinions, which leave the reader in suspense about the outcome until the end, the answer to this question, right up front, is “yes.” An Appellate Division opinion issued on this date in 1992 so stated. The opinion’s author was then-Judge (later Justice) Long. Burrell v. Quaranta, 259 N.J. Super. 243 (App.…

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Aug 30, 2019 by Bruce D. Greenberg


Third Circuit Roundup

Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions. From August 14 through August 29, the court published thirteen opinions. Here are summaries of some of them (for full coverage of all of the…

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Aug 28, 2019 by Bruce D. Greenberg


The Appellate Division Elaborates on the Crowe v. DeGioia Standard for Preliminary Injunctive Relief

Yesterday, in an Order authored by Judge Natali, for himself and Judge Messano, the Appellate Division overturned a preliminary injunction against operation of the New Jersey Medical Aid in Dying for the Terminally Ill Act. The Appellate Division’s Order, which was thereafter affirmed by the Supreme Court, is available here. The Appellate Division elaborated on…

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Aug 23, 2019 by Bruce D. Greenberg


Appellate Division Roundup

The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks. Here are summaries of some of those rulings: Harvard v. State, ___ N.J. Super. ___ (App. Div. 2019). Plaintiff in this appeal was a Special…

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Aug 20, 2019 by Bruce D. Greenberg


Amendments Proposed to Federal Rules of Appellate Procedure 3 and 42

The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has issued a preliminary draft of amendments to various rules, including Federal Rules of Appellate Procedure 3 and 42. The amendments and related information are available here. The public is invited to comment on the proposed amendments. The deadline…

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Aug 13, 2019 by Bruce D. Greenberg


RPC 3.7- Attorneys as Witnesses

Escobar v. Mazie, ___ N.J. Super. ___ (App. Div. 2019). This appeal arose out of an order disqualifying every attorney at the law firm of Mazie Slater Katz & Freeman, LLC except Adam Slater from representing the firm or one of its principals, David Mazie, in defense of this malpractice action. Slater certified that he…

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