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Oct 3, 2022 by Bruce D. Greenberg


Chief Justice Rabner Offers Oral Argument Tips

This month’s issue of New Jersey Lawyer magazine, coming soon to regular mailboxes of members of the New Jersey State Bar Association and already available to those members here, contains an article by Judge Gary K. Wolinetz and me about civil jury trials under the New Jersey Constitution. That article, and the entire issue, which…

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Sep 30, 2022 by Bruce D. Greenberg


President Biden’s Third Circuit Nominees Move Ahead

Three of President Biden’s nominees for Third Circuit seats advanced yesterday. One crossed the finish line and achieved confirmation by the Senate, while two others cleared the Senate Judiciary Committee. Arianna J. Freeman became the first Biden Third Circuit nominee to be confirmed by the Senate. The vote was 50-47, along strictly partisan lines (three…

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Sep 29, 2022 by Bruce D. Greenberg


The Underinsured Motorist Coverage Requirement of the Transportation Network Company Safety and Regulatory Act Does Not Apply to Food Delivery Services

Malzberg v. Josey, ___ N.J. Super. ___ (App. Div. 2022). Here is how Judge Susswein’s opinion for the Appellate Division in this case described the purely legal issue presented. “This case presents a question of first impression regarding the scope of the Transportation Network Company Safety and Regulatory Act (TNCSRA or Act), N.J.S.A. 39:5H-1 to…

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Sep 28, 2022 by Bruce D. Greenberg


Three New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted review in three new cases. All of them are criminal matters. In one case, the Court granted leave to appeal. The other two involve grants of petitions for certification. The leave to appeal case is State v. Keogh. The question presented, as phrased by the Supreme Court…

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Sep 23, 2022 by Bruce D. Greenberg


A Small Step in the Right Direction Regarding “Unpublished” Appellate Division Opinions

On September 12, Chief Justice Rabner issued an order that amendments to Rule 1:36-3, and a new Rule 8:9-6, both of which were attached to the order, would be effective immediately. On September 19, Judge Grant, Administrative Director of the Courts, issued a Notice to the Bar about that action. The order and notice were…

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Sep 15, 2022 by Bruce D. Greenberg


The Supreme Court Begins the New Term by Granting Review in Five Cases

The Supreme Court announced the first grants of review in the new Term. The Court took up five cases. Two of those are before the Court on leave to appeal, while the other three had petitions for certification granted. There are three civil appeals and two criminal matters among this crop of grants of review.…

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Sep 7, 2022 by Bruce D. Greenberg


Two by Judge Accurso: The First Two Published Opinions of the New Term

State v. Alvarez, ___ N.J. Super. ___ (App. Div. 2022); State v. Chau, ___ N.J. Super. ___ (App. Div. 2022). These two opinions, issued today, were both authored by Judge Accurso. Both decisions dealt with the defendant’s assertion of ineffective assistance of counsel in the context of potential deportation of that defendant for the crime(s)…

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Sep 6, 2022 by Bruce D. Greenberg


At Last! An Agreement is Reached for Governor Murphy to Re-Nominate Rachel Wainer Apter and Nominate Judge Fasciale for Supreme Court Seats

After much delay, an agreement has been reached under which Governor Murphy will re-nominate Rachel Wainer Apter, whom he nominated to fill a Supreme Court seat nearly eighteen months ago, to the Supreme Court. He will nominate Judge Fasciale for another open Supreme Court seat. This will be a “package deal,” as Ms. Apter is…

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Aug 31, 2022 by Bruce D. Greenberg


The Second Half of August

As usually occurs with the current Term nearing its end, the Supreme Court and the Appellate Division have issued relatively few opinions in the second half of August. Here are summaries of those opinions (in addition to this one, which I argued for the successful plaintiffs): Rivera v. The Valley Hospital, Inc., ___ N.J. ___…

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Aug 31, 2022 by Bruce D. Greenberg


An Additional Rule Amendment (Actually, a Deletion)

Chief Justice Rabner issued an order stating that Rule 2:12-5, which had required a deposit for costs in connection with petitions for certification, has been deleted. That lines up with the recent omnibus rule amendment, discussed here, which deleted Rule 2:5-2. That Rule likewise required a deposit for costs, but at the Appellate Division level.…

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