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Nov 30

Should Res Ipsa Loquitur be Modified? The Appellate Division Says No, Absent a “Signal” From the Supreme Court

Posted by Bruce D. Greenberg on Nov 30, 2020 in Appellate Division, Effect of decisions by other courts, Judges, Practice Pointers, Summary judgment | 0 comments
Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks for itself,” allows a jury “to infer a defendant’s negligence, enabling a plaintiff to make a prima facie case.” To trigger the doctrine, a plaintiff must show that “first, the accident was one that ‘ordinarily bespeaks negligence,’ that is, someone’s negligence more likely than not...
Jun 23

Supreme Court’s Message to Prosecutors: Opening Statement Promises of a Confession by Defendants Are at Your Own Risk

Posted by Bruce D. Greenberg on Jun 23, 2020 in Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Practice Pointers | 0 comments
State v. Greene, 242 N.J. 530 (2020). Until today, the Supreme Court “has not had occasion to squarely address a prosecutor’s opening statement that detailed evidence of a defendant’s guilt that never materialized because the anticipated witness refused to testify.” So wrote Justice Albin in the Court’s unanimous opinion today. The context was as follows. Two defendants, Greene and Lewis, were prosecuted for murder after they allegedly shot someone while trying to steal drugs from him. Greene’s grandmother, Ethel Smith, gave a recorded statement to police....
Apr 28

An Attorney Who Can’t Handle an Assigned Matter Effectively Must Either Retain Substitute Counsel or So Advise the Court

Posted by Bruce D. Greenberg on Apr 28, 2020 in Appellate Division, Judges, Notable opinion writing, Practice Pointers | 0 comments
In re Adoption of a Child by C.J., 463 N.J. Super. 254 (App. Div. 2020). This opinion, issued today,must have been a very distasteful opinion for Judge Koblitz to write. As will be seen, the bottom line is “to be continued,” so quoting the first paragraph of the opinion in full and inviting readers to look at the rest of the decision for the unfortunate details suffices for today: “We write to emphasize that an attorney has an obligation to inform the court if he or she is not able to handle an assigned matter professionally due to a lack of expertise and inability to...
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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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