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Jul 29

An Opinion About Stays From Judge Accurso

Posted by Bruce D. Greenberg on Jul 29, 2022 in Administrative agency actions, Appellate Division, Chancery issues, Judges, Standards of review | 0 comments
In re New Jersey Transit Award of Contracts No, 21-048A and 21-048B, ___ N.J. Super. ___ (App. Div. 2022). Published opinions from appellate courts about stays are relatively rare. Today, however, the Appellate Division, speaking through Judge Accurso, produced such an opinion. The context was a bidding competition for certain bus routes that unfolded before New Jersey Transit (“NJT”), which had issued a request for proposal (“RFP”) and was statutorily empowered to award the two contracts at issue. There were only two bidders: Academy Express, LLC and Orange, Newark,...
Jun 23

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

Posted by Bruce D. Greenberg on Jun 23, 2022 in Chancery issues, Judges, Standards of review, Supreme Court of New Jersey | 0 comments
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 marketability discount should have been applied in valuing plaintiff’s interest in the businesses. A marketability discount, Justice Pierre-Louis explained, “reflect[s] the decreased worth of shares of stock in a closely held...
Oct 22

How Should a Mortgage Company Use Insurance Proceeds Arising Out of Storm Damage? To Pay Delinquent Interest/Principal, or to Repair the Property?

Posted by Bruce D. Greenberg on Oct 22, 2021 in Appellate Division, Chancery issues, Effect of decisions by other courts, Judges | 0 comments
Wilmington Savings Fund Society, FSB v. Daw, ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino issued this opinion for the Appellate Division today, in a case that arises out of Superstorm Sandy. It consumes 36 pages and is well worth reading in full. But the first few pages of the opinion explain very well what the case is about, what the governing principles are, and the panel’s ultimate ruling that the case is being remanded for further development of the record. As a result, this remainder of this post is a (shameless but convenient) quotation of those pages of the Appellate...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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