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Nov 28, 2022 by Bruce D. Greenberg


The Third Circuit Will Sit in Newark on December 6

Though most Third Circuit oral arguments (of which there are relatively few, as discussed here) occur in Philadelphia, panels of that court sometimes sit in Newark. On December 6, a panel comprising Judges Shwartz, Matey, and Fuentes will hear oral arguments in two appeals at the U.S. Post Office & Courthouse, Third Floor, Courtroom 2,…

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Nov 22, 2022 by Bruce D. Greenberg


Trial Judges Have Discretion in What Order to Address Suppression Motions in the Family Part or Waivers to the Criminal Part in Criminal Cases Involving Juveniles Sought to be Tried as Adults, But There is to be No Preference for Doing the Suppression Hearing First

State in the Interest of E.S., ___ N.J. ___ (2022). As discussed here, last year the Appellate Division addressed the “unsettled” question of which should come first in a criminal case involving a juvenile sought to be tried as an adult: a suppression motion in the Family Part or a waiver to the Criminal Part?…

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Nov 21, 2022 by Bruce D. Greenberg


One More Criminal Case for the Supreme Court

The Supreme Court announced that it has granted certification in another criminal matter, a robbery case. The appeal is State v. Watson, and the question presented, as phrased by the Supreme Court Clerk’s office, is “Was it harmless error to admit the police officer’s testimony that he consulted with another police department before filing criminal…

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Categories: Uncategorized

Nov 21, 2022 by Bruce D. Greenberg


Fraud in the Inducement Claim Won’t Defeat Forum Selection Clause Unless Fraud Involved That Clause Specifically

Largoza v. FKM Real Estate Holdings, Inc., ___ N.J. Super. ___ (App. Div. 2022). A line of federal cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), as well as, in New Jersey state courts, Goffe v. Foulke Management Corp., 238 N.J. 191 (2019), and Van Syoc v.…

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Nov 18, 2022 by Bruce D. Greenberg


Judge Sumners Will Become Presiding Judge of Appellate Division Part F on November 29

As discussed here, Judge Fisher, the Presiding Judge of the Appellate Division’s Part F, will reach mandatory retirement age on November 29. Chief Justice Rabner has now announced that, as of that same date, Judge Sumners, who had been designated as Acting Presiding Judge of that Part while Judge Fisher was temporarily assigned to the…

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Nov 16, 2022 by Bruce D. Greenberg


Admitted Violation of Defendant’s Miranda Rights, Which is Presumed to be Harmful Error, Was Not Harmless in This Case

State v. Wade, ___ N.J. ___ (2022). As Justice Solomon said in his unanimous opinion for the Supreme Court today in this murder case, New Jersey courts “rarely find an error to be harmless when the State violates a defendant’s right against self-incrimination. That is not only because the right to counsel is so precious,…

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Nov 15, 2022 by Bruce D. Greenberg


Two New Temporary Assignments of Judges to the Appellate Division

Chief Justice Rabner issued Orders, effective yesterday, temporarily assigning two trial level judges to the Appellate Division. Judge James Paganelli, who sits in the Essex County Chancery Division, General Equity, is temporarily assigned to Part E of the Appellate Division, while Judge Lisa Puglisi, who sits in the Ocean County Criminal Division, is temporarily assigned…

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Nov 15, 2022 by Bruce D. Greenberg


Three New Supreme Court Grants of Review

The Supreme Court announced that it will consider three new matters. Two of those involved grants of certification, while the third was an appeal as of right. The appeal as of right is State v. Fair. The question presented, as phrased by the Supreme Court Clerk’s office, is “Is the portion of the terroristic threats…

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Nov 14, 2022 by Bruce D. Greenberg


Bidder for a Public Contract Need Not Provide Home Addresses of Persons Owning More Than 10% of the Bidding Company

Asphalt Paving Systems, Inc. v. The Borough of Stone Harbor, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Fisher today consumed only six pages. The issue was a relatively simple one: whether the requirement of N.J.S.A. 52:25-24.2 that a business entity that bids on a public contract submit “a statement setting forth…

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Nov 10, 2022 by Bruce D. Greenberg


Statutory Limit on Removed Municipal Administrator’s “Salary” Applies to “Severance”

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution of removal by the governing body that is to become effective three months after its adoption by that body. But there is a proviso: “provided,…

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