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Jan 12

Former Rutgers Graduate Student Can Obtain His Own Student Records Under OPRA

Posted by Bruce D. Greenberg on Jan 12, 2021 in Appellate Division, Attorneys fees, Judges, Standards of review, Statutory interpretation | 0 comments
Doe v. Rutgers, the State University of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). Today, the Appellate Division, speaking through Judge Sumners, issued a decision under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”). Plaintiff, formerly a student at the university’s Graduate School of Business, made several OPRA requests. The first of those requests included, but went well beyond, plaintiff’s own student records. A second request sought copies of specific Rutgers administrators’ and faculty members’ disclosable employment records....
Dec 21

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Posted by Bruce D. Greenberg on Dec 21, 2020 in Attorneys fees, Contract interpretation, Effect of decisions by other courts, Judges, Practice Pointers, Supreme Court of New Jersey | 0 comments
Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin’s opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court held that if an attorney includes in a retainer agreement a provision that legal malpractice claims must proceed in arbitration rather than in court, the attorney “must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client. Such an explanation is necessary because, to make an informed decision, the client must have a basic...
Oct 22

Personal Jurisdiction by New Jersey State Courts Over Out-of-State Counsel Admitted Pro Hac Vice in New Jersey Federal Court

Posted by Bruce D. Greenberg on Oct 22, 2020 in Appellate Division, Attorneys fees, Effect of decisions by other courts, Judges, Standards of review | 1 comment
Zahl v. Eastland, ___ N.J. Super. ___ (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the Appellate Division. As discussed here, the prior opinion reversed a seven-figure default judgment against defendants, a Mississippi attorney and his law firm, and remanded the case for further proceedings, including as to whether New Jersey state courts had personal jurisdiction over any of the defendants. Today’s opinion addresses an important...
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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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