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Jun 28

Tinted Windows and Automobile Stops

Posted by Bruce D. Greenberg on Jun 28, 2022 in Constitutional law, Criminal law, Judges, Statutory interpretation, Supreme Court of New Jersey | 0 comments
State v. Smith, ___ N.J. ___ (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: “N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ‘non-transparent material’ on the front windshield or front side windows. Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations. See State v. Cohen, 347 N.J. Super. 375, 379-81 (App. Div. 2002). In this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an...
Jun 27

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

Posted by Bruce D. Greenberg on Jun 27, 2022 in Class actions, Consumer protection, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments
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 panel opinion. Last Friday, however, Judge Porter wrote both a class certification opinion for a unanimous panel and a concurring opinion that addressed an issue that the panel decision declined to reach. This was an Americans With Disabilities Act (“ADA”) case....
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...
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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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