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Sep 21, 2020 by Bruce D. Greenberg


Underage Adult Host Can be Liable for Acts of Underage Guests Who Consume Alcohol at the Host’s Home

Narleski v. Gomes, ___ N.J. ___ (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: “Under our statutes and case law, a social host over the age of twenty-one has a duty not to serve alcohol to a visibly intoxicated guest, either an adult…

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Sep 21, 2020 by Bruce D. Greenberg


A Sentencing Appeal for the Supreme Court

The Supreme Court rarely takes up sentencing appeals. But the Court announced that it has done just that in State v. Rivera. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was the sentencing court’s finding and weighing of the aggravating and mitigating factors based on sufficient, credible evidence in the record…

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Sep 17, 2020 by Bruce D. Greenberg


2018-19 Appellate Statistics From the Administrative Office of the Courts

The Administrative Office of the Courts has issued its 2018-19 Annual Report of the New Jersey Courts, which is available here. The following statistics for the Supreme Court and Appellate Division appear in this report. There were 1,116 petitions for certification filed with the Supreme Court. The Court granted certification, direct certification form trial level…

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Sep 16, 2020 by Bruce D. Greenberg


Kicking Off the New Term, The Supreme Court Grants Review in Five Cases

The Supreme Court announced that it has granted certification in five cases. These are the first grants of the current Term. In HC Equities, LP v. County of Union, which as docket numbers A-1/2-20, the question presented, as phrased by the Supreme Court Clerk’s office, is “Were the letters that plaintiff sent timely under the…

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Sep 15, 2020 by Bruce D. Greenberg


The “Queen of All Threshold Issues” in Arbitration Law

MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds, ___ F.3d ___ (3d Cir. 2020). Decisions about arbitration just keep on coming, from both New Jersey and federal courts. This latest opinion, by Judge Restrepo, addresses what he called (quoting a law review article) “‘the queen of all threshold issues’ in arbitration…

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Sep 14, 2020 by Bruce D. Greenberg


Arbitration Clause is Enforceable Despite Absence of Specified Arbitration Forum

Flanzman v. Jenny Craig, Inc., ___ N.J. ___ (2020). As discussed here, the Appellate Division in this employment discrimination case held that an arbitration provision that did not specify a forum or process for the arbitration did not reflect a meeting of the minds and was not enforceable. Defendant obtained Supreme Court review and that…

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Sep 10, 2020 by Bruce D. Greenberg


The Third Circuit Chips Away at Its Class Action Ascertainability Doctrine

Hargrove v. Sleepy’s Inc., ___ F.3d ___ (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to be certified. That issue has been discussed, among other places, here, here and here. The…

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Sep 4, 2020 by Bruce D. Greenberg


Agreement Settling Disciplinary Charge Against a Public Employee is Exempt From Disclosure Under OPRA, But Perhaps Available Under Common Law

Libertarians for Transparent Government v. Cumberland County, ___ N.J. Super. ___ (App. Div. 2020). Judge Accurso issued this opinion for the Appellate Division today, the first published opinion in a civil case of this new Term. It arose under the Open Public Records Act, N.J.S.A. 47:1A-1 et Seettlement seq., a statute doubtless familiar to readers…

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Sep 3, 2020 by Bruce D. Greenberg


A Municipal Court Appeal Triggers the Appellate Division’s “Didactic Role as an Intermediate Appellate Court”

State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ruling of the Municipal Court, but that of the Law Division, which engages in de…

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Sep 2, 2020 by Bruce D. Greenberg


The Third Circuit in High Gear

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey, ___ F.3d ___ (3d Cir.…

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