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Sep 15, 2021 by Bruce D. Greenberg


A Reminder From the Appellate Division About Confidential Information

A Notice to the Bar, dated September 1, 2021, was published late yesterday. It is available here. Issued by Judge Messano, the Notice is titled “APPELLATE DIVISION REMINDER TO COUNSEL REGARDING SUBMISSION OF CONFIDENTIAL DOCUMENTS AND OTHER ISSUES CONCERNING CONFIDENTIALITY.” Its purpose is “reminding attorneys about the submission and treatment of confidential material in Appellate…

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Sep 10, 2021 by Bruce D. Greenberg


An Adverse Inference Arising From Spoliation Cannot Arise in Order to Allow a Party to Prove a Claim Against a Non-Party to the Case

27-35 Jackson Avenue, LLC v. Samsung Fire & Marine Ins. Co., Ltd., ___ N.J. Super. ___ (App. Div. 2021). This opinion, issued today and authored by Judge Messano, is the first published Appellate Division of the new Term. It arose from unusual circumstances. Plaintiff owned a commercial building in which the United States General Services…

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Sep 3, 2021 by Bruce D. Greenberg


The Next Several Weeks

This year, the fall Jewish holidays (Rosh Hashanah, Yom Kippur, and Sukkot) all land on weekdays. As a result of that and certain other things, posts on this blog will be only intermittent, or even just sparse, during these next few weeks. When feasible, I will try to catch up. (For better or worse, the…

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Categories: Uncategorized

Sep 1, 2021 by Bruce D. Greenberg


For the First Week of the New Term, Appellate Division Panels Adopt Varying Practices for Oral Argument

The Appellate Division’s calendar for the week of September 13, the first week of the new court Term, has been published and is available here. While it may be too soon to make any judgments about how the Appellate Division will handle appeals this Term, the calendar for that week reveals differences in how panels…

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Aug 31, 2021 by Bruce D. Greenberg


Public Employees on Temporary Disability Must Still Contribute to State Health Benefit Costs Based on “Base Salary,” Rather Than Based on Benefits Received

Grillo v. State of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). In 2011, legislation (“Chapter 78”) changed the way that State Health Benefits Plan (“SHBP”) benefits were provided to public employees participating in that program. Chapter 78 required that employees contribute to the cost of that plan based on their “base salary.” Plaintiffs,…

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Aug 26, 2021 by Bruce D. Greenberg


A Practice Tip: When a Judge is Rendering an Oral Opinion, Don’t Interrupt and Call Him/Her “Corrupt”

Bascom Corporation v. Paterson Coalition for Housing, Inc., 2021 N.J. Super. Unpub. LEXIS 1846 (App. Div. Aug. 24, 2021). Periodically, our appellate courts offer lessons in “what not to do” or “how not to behave.” The Appellate Division did just that in this case. The decision itself, a per curiam ruling by a panel consisting…

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Aug 23, 2021 by Bruce D. Greenberg


Judge Jane Grall (1949-2021)

Judge Jane Grall died on August 20 at age 72. A graduate of Trinity College in Washington, DC, she taught social studies in Cranford for six years before attending Rutgers Law School in Camden. She clerked for Judge Matthews in the Appellate Division and then joined the Attorney General’s office, where she became an Assistant…

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Categories: Judges

Aug 22, 2021 by Bruce D. Greenberg


Catching Up Again, With the Supreme Court and the Appellate Division

After this post about the Supreme Court’s busy August, that Court decided two more cases. Both were criminal appeals. Here are summaries: State v. Hannah, ___ N.J. ___ (2021). This was a case involving murder and other charges. Defendant was found guilty. After a lengthy procedural history, the Supreme Court voted 4-3 to grant post-conviction…

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Aug 20, 2021 by Bruce D. Greenberg


One More Case, An Appeal as of Right, for the Supreme Court

It had been four weeks since the Supreme Court last took up a new case. But now a new appeal, perhaps the final one to reach the Court in the current term, has joined the docket. That case is State v. O.D.A.-C. The question presented, as phrased by the Supreme Court Clerk’s office, is “Should…

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Aug 13, 2021 by Bruce D. Greenberg


A Busy August for the Supreme Court So Far

August is often a busy month for the Supreme Court, as the Justices count down to the new Term by deciding most if not all of the remaining cases from the current Term. This year is no exception. So far, the Court has issued an opinion every weekday (except Fridays, when customarily no opinions of…

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