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Feb 24

Employment Discrimination Based on an Employee’s Youth: An Anniversary

Posted by Bruce D. Greenberg on Feb 24, 2021 in Notable opinion writing, Summary judgment, Supreme Court of New Jersey | 0 comments
Most of us think that age discrimination in employment claims are limited to plaintiffs who allege discrimination based on their advanced age. But on this date in 1999, the Supreme Court ruled, in Bergen Commercial Bank v. Sisler, 157 N.J. 188 (1999), in favor of an employee who alleged employment discrimination based on his youth. Justice Stein’s opinion for the unanimous Court stated that this was “a case of first impression.” Michael Sisler, employed at New Era Bank in its merchant credit card department, was recruited to join the plaintiff bank as vice-president of...
Feb 10

A Distraint Anniversary

Posted by Bruce D. Greenberg on Feb 10, 2021 in Constitutional law, Notable opinion writing, Supreme Court of New Jersey | 0 comments
On this date in 1983, a unanimous Supreme Court decided Callen v. Sherman’s, Inc., 92 N.J. 114 (1983). The case involved whether distraint, a procedure that allowed commercial landlords to seize, or even sell, without notice or hearing, property of a tenant who owes rent, violated due process. As Justice Pollock noted in the Court’s opinion, “since at least the thirteenth century, the common law has condoned distraint as an exception to the principle that ‘self-help is an enemy of the law, a contempt of the king and his court.'” New Jersey had a distraint...
Jan 14

An Anniversary in Damages Law

Posted by Bruce D. Greenberg on Jan 14, 2021 in Notable opinion writing, Supreme Court of New Jersey | 0 comments
On this date in 1957, the Supreme Court decided Tessmar v. Grossner, 23 N.J. 193 (1957). The case involved a dispute over patient records from a dermatology practice in Westwood, NJ. Plaintiff’s decedent, Dr. Kadisch, became ill and was unable to practice. He entered into a written contract with defendant under which defendant would “take care of the practice during Dr. Kadisch’s illness.” He was to see patients two days per week and be paid $40 per day. Soon after that, Dr. Kadisch died. Defendant continued under the written contract for a short time, after which he...
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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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