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Jun 27, 2022 by Bruce D. Greenberg


A Class Certification Opinion by Judge Porter, With a Concurring Opinion by … Judge Porter

Allen v. Ollie’s Bargain Store, Inc., ___ F.4th ___ (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by a concurrence signed by all three judges (here and here), or by two out of three of those judges (here), including the author of the…

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Jun 23, 2022 by Bruce D. Greenberg


Parties That Behaved Wrongfully Could Not Demand Marketability Discount in Shareholder Buyout Case

Sipko v. Koger, Inc., ___ N.J. ___ (2022). This is the second time that this intra-family business divorce case came before the Supreme Court. The first iteration, which dates back to 2013, was discussed here. Today’s decision, written by Justice Pierre-Louis for a 5-0 Supreme Court (Justice Patterson recused in this case), addressed whether a…

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Jun 22, 2022 by Bruce D. Greenberg


Three Supreme Court Decisions in Criminal Cases

The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, ___ N.J. ___ (2022). This opinion by Justice Albin today, for a unanimous Court, reversed the decisions of the Law Division and the Appellate Division that had denied defendant’s motion to…

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Jun 21, 2022 by Bruce D. Greenberg


The Appellate Division Decides the First COVID-19 Business Interruption Cases in Favor of Insurers

Mac Property Group, LLC v. Selective Fire & Cas. Ins. Co. , ___ N.J. Super. ___ (App. Div. 2022).…

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Jun 21, 2022 by Bruce D. Greenberg


Another Temporary Assignment to the Appellate Division for Three Judges

Chief Justice Rabner announced that Judges Berdote Byrne, Bishop-Thompson, and Marczyk have each been temporarily assigned to the Appellate Division, effective August 1, 2022. There is no end date for those temporary assignment in the Chief Justice’s Orders. Each of those judges had previously been temporarily assigned to the Appellate Division from March 14, 2022-May…

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Jun 17, 2022 by Bruce D. Greenberg


Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is the same in both appeals: “Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds,…

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Jun 16, 2022 by Bruce D. Greenberg


Notice of Tort Claim Against a County Can Validly be Served on the County Clerk

Bryant v. County of Cumberland, ___ N.J. Super. ___ (App. Div. 2022). In what may be the shortest published opinion of the current Term, Judge Fisher today addressed this “matter of first impression”: whether “service of a Tort Claims Act notice of claim on a county is sufficient when sent to the county clerk rather…

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Jun 15, 2022 by Bruce D. Greenberg


Three Published Appellate Division Decisions

The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the…

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Jun 13, 2022 by Bruce D. Greenberg


Common Law Rescue Doctrine Does Not Extend to Rescue of Property, as Opposed to People

Samolyk v. Berthe, ___ N.J. ___ (2022). As discussed here, this case involved a set of facts in which one of the plaintiffs jumped into a lagoon to rescue their neighbors’ dog. The plaintiff was injured in doing that, and she and her husband sued the neighbors for their alleged negligence in allowing the dog…

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Jun 10, 2022 by Bruce D. Greenberg


Marie Hanley is Promoted to Deputy Clerk of the Appellate Division

Chief Justice Rabner announced that Marie Hanley has been appointed as Deputy Clerk of the Appellate Division. For the past nearly seven years, Marie has served as Chief Counsel for the Appellate Division, filling very ably the impressive shoes of her predecessor, Jack Trubenbach. She has been an invaluable resource to counsel who have matters…

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