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Apr 13

Employers are Obligated to Reimburse Employees for Medical Marijuana Treatment Reasonably Necessary to Treat Work-Related Injuries

Posted by Bruce D. Greenberg on Apr 13, 2021 in Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
Hager v. M&K Construction, ___ N.J. ___ (2021). As discussed here, the Appellate Division in this case affirmed the decision of a Workers Compensation judge that the defendant employer was obligated to reimburse the plaintiff employee for the employee’s use of medical marijuana prescribed for chronic pain caused by a work-related accident. The Appellate Division rejected arguments by the employer that, among other things, the federal Controlled Substances Act 21 U.S.C. § 841 (“CSA”), which makes it a crime to manufacture, possess or distribute marijuana, preempts the...
Apr 12

Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

Posted by Bruce D. Greenberg on Apr 12, 2021 in Case management, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments
Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court for the Middle District of Pennsylvania. The MDL consolidated cases in which plaintiffs allegedly contracted an infection called a non-tuberculosis mycobacterium (“NTM”), after having had surgery using defendant’s 3T Heater-Cooler system. The MDL court entered a case management order that required each plaintiff to demonstrate “proof of NTM infection” through “positive bacterial culture...
Apr 8

Attorneys’ Fees Under the Common Law Right of Access

Posted by Bruce D. Greenberg on Apr 8, 2021 in Appellate Division, Attorneys fees, Effect of decisions by other courts, Judges, Standards of review | 0 comments
Gannett Satellite Information Network, LLC v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2021). Prudent practitioners who file cases under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”), include an alternative claim under the common law right of access. That latter claim is not a mere sideshow. Today, the Appellate Division, speaking through Judge Yannotti, addressed a case where plaintiff (doing business as the Asbury Park Press) lost the argument under OPRA but won access under the common law. The panel then, however, denied plaintiff attorneys’...
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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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