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Jun 21

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

Posted by Bruce D. Greenberg on Jun 21, 2022 in Appellate Division, Contract interpretation, Effect of decisions by other courts, Judges | 0 comments
Mac Property Group, LLC v. Selective Fire & Cas. Ins. Co. , ___ N.J. Super. ___ (App. Div. 2022). [Disclosure: I am counsel for insureds in another appeal regarding the issue of insurance coverage for business interruptions caused by COVID-19, though on different alleged facts and with different policy language]. As Judge Sumners noted at the start of his opinion for the Appellate Division in the six back-to-back appeals in this case, those cases present “an issue of first impression––whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies...
Jun 1

Non-Disparagement Agreements Do Not Violate the New Jersey Law Against Discrimination

Posted by Bruce D. Greenberg on Jun 1, 2022 in Appellate Division, Contract interpretation, Judges, Standards of review, Statutory interpretation | 0 comments
Savage v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2022). Judge Haas issued this opinion of the Appellate Division. Plaintiff, a former sergeant with the Neptune Township police, brought an underlying employment discrimination case, which was settled. The written settlement agreement included a provision under which the parties agreed not to make any statements “regarding the past behavior of the parties, which statements would tend to disparage or impugn the reputation of any party.” Days after plaintiff received her payment under the settlement agreement, she was...
Mar 8

Two Opinions by Judge Whipple

Posted by Bruce D. Greenberg on Mar 8, 2022 in Administrative agency actions, Appellate Division, Contract interpretation, Judges, Standards of review | 0 comments
Grandvue Manor, LLC v. Cornerstone Contracting Corp., ___ N.J. Super. ___ (App. Div. 2022); Sullivan v. Board of Review, ___ N.J. Super. ___ (App. Div. 2022). Both of these opinions, issued yesterday, were authored by Judge Whipple. The former addressed an arbitration provision contained in a contract to construct a $10 million home in New York. The latter dealt with an attempt to assert an estoppel claim against the Board of Review, which had sought to recover payments wrongly made to petitioner Sullivan. In Grandvue, the Appellate Division was first required to determine whether New Jersey...
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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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