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Dec 31

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

Posted by Bruce D. Greenberg on Dec 31, 2020 in Appellate Division, Constitutional law, Criminal law, Judges, Notable opinion writing, Standards of review | 0 comments
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other charges against two defendants. That trial began on February 12, 2020. By March 15, when the Supreme Court suspended all jury trials, the State was still presenting its case, having offered 29 witnesses, with three or four more witnesses still to come. After the Supreme Court authorized the resumption of suspended jury trials “consistent with...
Dec 29

Absence of Expert Testimony Dooms Emotional Distress Claim

Posted by Bruce D. Greenberg on Dec 29, 2020 in Appellate Division, Judges, Standards of review, Summary judgment | 0 comments
Clark v. Nenna, ___ N.J. Super. ___ (App. Div. 2020). After plaintiff broke his femur during a physical therapy session, he had surgery that stabilized his bone using screws and washers. The screw heads caused him discomfort, so he had another surgery, performed by defendant, to remove the screws. Defendant did that successfully. But defendant could not remove the washers because they were “embedded in scar tissue that had developed around the hardware.” Defendant decided to leave the washers where they were because removing them would have required a larger incision and would...
Dec 3

Where a Party Denies Agreeing to Arbitration, a Court, Not an Arbitrator, Must Decide Threshold Issues of the Validity of the Agreement

Posted by Bruce D. Greenberg on Dec 3, 2020 in Appellate Division, Judges, Standards of review | 0 comments
Knight v. Vivint Solar Developer, LLC, ___ N.J. Super. ___ (App. Div. 2020). In Goffe v. Foulke Mangagement Corp., 238 N.J. 191 (2019), the Supreme Court ruled that threshold issues as to the validity of a contract that contained an arbitration clause were for the arbitrator to resolve. But as Judge Rose noted in her opinion for the Appellate Division in this case, Goffe did not involve a challenge to the arbitration clause itself, but only a claim that the overall agreement was procured by fraud. Here, in contrast, plaintiff in this consumer fraud case contended that she never saw or agreed...
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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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