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Mar 14

The Balancing Test for the Common Law Right of Access to Public Records

Posted by Bruce D. Greenberg on Mar 14, 2022 in Judges, Practice Pointers, Statutory interpretation, Supreme Court of New Jersey | 0 comments
Rivera v. Union County Prosecutor’s Office, ___ N.J. ___ (2022). Employees of the Elizabeth Police Department complained to the Union County Prosecutor’s Office that the Police Director, James Cosgrove, had repeatedly used racist and sexist language to refer to employees. The Prosecutor investigated, found the complaint valid, issued a public statement that, among other things, called on Cosgrove to resign. Cosgrove did so. Thereafter, plaintiff filed an open public records request with the Prosecutor’s Office. That request invoked the Open Public Records Act, N.J.S.A....
Nov 10

The (Non-)Effect of Denials of Petitions for Certification

Posted by Bruce D. Greenberg on Nov 10, 2021 in Practice Pointers, Supreme Court of New Jersey | 0 comments
Our Supreme Court denies far more petitions for certification than it grants. Many people think that a denial of certification means that the Court has ruled in favor of the opponent of certification. In fact, that is not so. In West Point Island Civic Ass’n v. Dover Tp. Comm., 54 N.J. 339 (1969), the Court addressed this very issue. That case had gone through the appellate process once before. The Law Division had granted summary judgment to the defendant Township, but the Appellate Division reversed. The Township petitioned for certification, but the Court denied that petition. On...
Sep 30

“Appellate Advocacy Perfected” Webcast

Posted by Bruce D. Greenberg on Sep 30, 2021 in Practice Pointers | 0 comments
On November 15, 2021, I will be a panelist on an NJICLE webcast titled “Appellate Advocacy Perfected.” Headlined by Judges Fisher and DeAlmeida, and featuring a representative of the Appellate Division Clerk’s office and several experienced appellate practitioners, the webinar will run from noon-2 PM. A link to register for the webinar is here. Please join us on November...
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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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