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May 28, 2020 by Bruce D. Greenberg


Retail Installment Sales Act Applies to Health Club Memberships

Sanchez v. Fitness Factory Edgewater, LLC, ___ N.J. ___ (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (“RISA”), does not apply to health club or gym membership contracts. Mellet relied on the Supreme Court’s ruling in…

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May 27, 2020 by Bruce D. Greenberg


Judge Russo is Removed From Office Due to “Flagrant and Serious Acts of Misconduct”

In re Russo, Jr., ___ N.J. ___ (2020). As Chief Justice Rabner recounted in his opinion for a unanimous Supreme Court yesterday, Judge John F. Russo, Jr., has been an attorney since 1997. After clerking in the Superior Court, he entered private practice. He then served as an Administrative Law Judge for six years before…

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May 27, 2020 by Bruce D. Greenberg


Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Two of them involve published opinions of the Appellate Division. Delanoy v. Township of Ocean resulted in an Appellate Division opinion that was reported at 462 N.J. Super. 78 (App. Div. 2020). That ruling was discussed here. The question presented to the…

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May 26, 2020 by Bruce D. Greenberg


Avis Budget Group Cannot Force Customers to Arbitrate

Bacon v. Avis Budget Group, Inc., ___ F.3d ___ (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together, “Payless”), in the United States and in Costa Rica. In each transaction, renters signed a rental agreement. By signing, the renters agreed to “all notices…

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May 19, 2020 by Bruce D. Greenberg


When Do Intervenors Need to Demonstrate Article III Standing?

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm’n, ___ F.3d ___ (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged the ability of defendant Delaware River Basin Commission “the Commission”) to regulate fracking. After one intervenor and its leader were permitted to intervene in the…

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May 18, 2020 by Bruce D. Greenberg


From Judge Vernoia, a Discussion of “Opening the Door,” The Rule of Completeness, and Lay Opinion Testimony

Grewal v. Greda, ___ N.J. Super. ___ (App. Div. 2020). This far too belated post is about a very informative opinion by Judge Vernoia last week. The case was one brought by the New Jersey Division on Civil Rights (hence the appearance of Attorney General Grewal as the named plaintiff) against defendants, Elizabeth landlords who…

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May 14, 2020 by Bruce D. Greenberg


The Supreme Court Will Address Dying Declarations, Reimbursement in Workers Compensation for Medical Marijuana, and Expert Psychiatric Testimony in Involuntary Commitment Cases

The Supreme Court announced that it has granted certification in three more cases. In State v. Williamson, the question presented, as phrased by the Supreme Court Clerk’s office, is “Was the victim’s identification of defendant admissible as a dying declaration under N.J.R.E. 804(b)(2) and did its admission deprive defendant of his Sixth Amendment right to…

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May 11, 2020 by Bruce D. Greenberg


An Ethics Issue and Another Criminal Case for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. The first, an ethics matter that could arise only in our current electronic age, comes to the Court on a petition for review. The second, a criminal appeal, is before the Court on leave to appeal. The ethics case is In re…

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May 8, 2020 by Bruce D. Greenberg


A Due Process Travesty in a Workers Compensation Case

McGory v. SLS Landscaping, ___ N.J. Super. ___ (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge Vernoia concluded that a Judge of Workers Compensation had denied due process to the injured claimant in multiple ways. The claimant alleged that he had…

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May 6, 2020 by Bruce D. Greenberg


The Third Circuit Opines, for the First Time, About “Overview Testimony”

United States v. Lacerda, ___ F.3d ___ (3d Cir. 2020). This lengthy opinion by Judge Porter affirmed a jury verdict convicting several defendants of mail fraud and wire fraud. Defendants made a number of arguments, none of which persuaded the panel to overturn the convictions or the sentences imposed. One issue addressed in the opinion,…

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