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Sep 13, 2023 by Bruce D. Greenberg


As the New Term Begins, The Supreme Court Takes up Five New Appeals

Kicking off the new Term, the Supreme Court announced that it has granted review in five new cases. Four of those are civil cases, while one is a criminal matter. The Court granted leave to appeal in three cases and certification in the two others. Going in docket number order, beginning with A-1-23, the first…

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Sep 13, 2023 by Bruce D. Greenberg


Expert Testimony That Shaking Alone Can Cause the Injuries Associated With “Shaken Baby Syndrome” is Insufficiently Reliable to be Admissible at Trial

State v. Nieves, ___ N.J. Super. ___ (App. Div. 2023). This was a monumental opinion by Judge Gooden Brown in two consolidated cases. The issue was “the scientific reliability of expert testimony that shaking alone can cause the injuries associated with shaken baby syndrome (SBS), also known as abusive head trauma (AHT).” The State had…

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Sep 11, 2023 by Bruce D. Greenberg


The First Published Appellate Division Decision of the New Term, by Judge Gooden Brown

S.B.B. v. L.B.B., ___ N.J. Super. ___ (App. Div. 2023). Last week saw the first published Appellate Division opinion of the new Term. Judge Gooden Brown authored the opinion. Here is how she began her opinion, concisely summarizing the matter: “Defendant L.B.B. appeals from the entry of a final restraining order (FRO) entered against her…

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Sep 5, 2023 by Bruce D. Greenberg


Judges Vanek and Vinci Are Temporarily Assigned to the Appellate Division

Chief Justice Rabner announced that Judges Christine Vanek and Robert Vinci are being temporarily assigned to the Appellate Division for the period of October 2- December 1, 2023. Judge Vanek will join Part B, while Judge Vinci will serve on Part A. Apart from the fascinating (to some) fact that both judges’ names begin with…

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Sep 5, 2023 by Bruce D. Greenberg


As the New Term Begins, Reminders From the Appellate Division About Oral Argument

The Appellate Division has issued this Notice to the Bar It contains important reminders about several matters relating to oral argument in that court. First, the Notice states that appeals will be submitted without oral argument unless a party files a separate captioned paper within 14 days after service of respondent’s brief (or if the…

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Aug 31, 2023 by Bruce D. Greenberg


The Final Published Opinion of the Current Term and Noscitur a Sociis

In the Matter of Proposed Construction of Compressor Station (CS327), Office Building and Appurtentant Structures, Highlands Applicability Determination, Program Interest No.: 1615-17-0004.2 (APD200001), ____ N.J. Super. ___ (App. Div. 2023). Today is the final day of the current court Term, so this ruling today is the final published opinion of the Term. Perhaps fittingly, it…

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Aug 29, 2023 by Bruce D. Greenberg


The Anniversary of Gonzalez v. Wilshire Credit Corp.

On this date in 2011, the Supreme Court decided Gonzalez v. Wilshire Credit Corp., 207 N.J. 557 (2011). The Court’s 6-0 decision, authored by Justice Albin, involved the question of whether a post-mortgage- foreclosure agreement was subject to the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”). Plaintiff and Monserate Diaz bought a home as…

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Aug 23, 2023 by Bruce D. Greenberg


“Appellate Practice Master Class”

At this past May’s Annual Meeting of the New Jersey State Bar Association, I was a panelist for a presentation titled “Appellate Practice Master Class.” That session was so well-received that NJICLE is offering an encore on September 19 from 9-11:30 AM at the Bar Center in New Brunswick. Moderated by Justice Albin (Ret.), the…

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Aug 22, 2023 by Bruce D. Greenberg


Expert’s Failure to Show That Attorney’s Conduct Proximately Caused Damages Defeated Malpractice Claim

Morris Properties, Inc. v. Wheeler, ___ N.J. Super. ___ (App. Div. 2023). This was a legal malpractice case, in which Judge Gummer wrote today’s opinion for the Appellate Division. Plaintiff Morris Properties, Inc. (“MPI”) owned a building in Somers Point that was damaged during Hurricane Sandy. MPI and its president, Kristine Morris, retained defendants to…

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Aug 21, 2023 by Bruce D. Greenberg


The First Half of August- Appellate Division Decisions

Continuing the catch-up process begun here and here, this post summarizes the five published Appellate Division decisions issued during the first half of August: Neuwirth v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2023). This was a defamation case filed against Governor Murphy and others. As relevant to the opinion, plaintiff, a…

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