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Apr 13, 2021 by Bruce D. Greenberg


Employers are Obligated to Reimburse Employees for Medical Marijuana Treatment Reasonably Necessary to Treat Work-Related Injuries

Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was obligated to reimburse the plaintiff employee for the employee’s use of medical marijuana prescribed for chronic pain caused by a work-related accident. The Appellate Division…

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Apr 12, 2021 by Bruce D. Greenberg


Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court for the Middle District of Pennsylvania. The MDL consolidated cases in which plaintiffs allegedly contracted an infection called a non-tuberculosis mycobacterium (“NTM”), after having had…

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Apr 8, 2021 by Bruce D. Greenberg


Attorneys’ Fees Under the Common Law Right of Access

Gannett Satellite Information Network, LLC v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2021). Prudent practitioners who file cases under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”), include an alternative claim under the common law right of access. That latter claim is not a mere sideshow. Today, the Appellate Division,…

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Apr 7, 2021 by Bruce D. Greenberg


A Statutory Interpretation Anniversary

The principle that a court should not write into a statute a qualification that the Legislature chose not to include is now a basic tenet of statutory interpretation. But it was seemingly a somewhat new idea on this date in 1952, when the Supreme Court decided Craster v. Board of Commissioners of City of Newark,…

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Apr 6, 2021 by Bruce D. Greenberg


A Gender Discrimination Case for the Supreme Court

The Supreme Court announced that it has granted certification in Meade v. Township of Livingston. The question presented in that case, as phrased by the Supreme Court Clerk’s office, is “In this action alleging wrongful termination based on gender discrimination in violation of the New Jersey Law Against Discrimination, was plaintiff’s claim sufficient to survive…

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Apr 6, 2021 by Bruce D. Greenberg


The American Academy of Appellate Lawyers

[Disclosure: This post contains blatant self-promotion]. I have been elected as a Fellow of the American Academy of Appellate Lawyers. The induction ceremony will occur later this month. Founded in 1990, the Academy is limited to a membership of 500 attorneys nationwide. According to the Academy’s website, membership is reserved for “experienced appellate advocates who…

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Mar 31, 2021 by Bruce D. Greenberg


Relief From Judgment Under Rule 4:50-1(f) in a Tax Sale Foreclosure Case

BV001 REO Blocker, LLC v. 53 West Somerset Properties, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Ostrer’s opinion in this case, issued today, may become the new “go-to” source in cases seeking to invoke Rule 4:50-1(f). That Rule permits relief from judgments for “any other reason justifying relief from the operation of the…

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Mar 30, 2021 by Bruce D. Greenberg


A Bountiful Harvest for the Supreme Court: Seven New Cases

The Supreme Court announced that it has granted review in seven more cases. One of those, the only civil case, is before the Court on leave to appeal, while the Court granted certification in the others. Five of the seven new cases are criminal matters. The other two are civil appeals. Glassman v. Friedel is…

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Mar 19, 2021 by Bruce D. Greenberg


Incarceration is Not a Per Se Bar to Unemployment Benefits

Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this case: “Authorities arrested Clarence Haley for serious offenses and ordered that he be detained pretrial. One week later, Haley’s mother contacted his employer, Garden State…

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Mar 18, 2021 by Bruce D. Greenberg


Painting Over Lines on a Paved Street is Not “Obstructing” the Street

State v. Williams, ___ N.J. Super. ___ (App. Div. 2021). Defendant was convicted in Municipal Court for violating an ordinance that stated that “No person shall unnecessarily obstruct any . . . street, or public place in the Borough…

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