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Mar 19

Incarceration is Not a Per Se Bar to Unemployment Benefits

Posted by Bruce D. Greenberg on Mar 19, 2021 in Administrative agency actions, Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this case: “Authorities arrested Clarence Haley for serious offenses and ordered that he be detained pretrial. One week later, Haley’s mother contacted his employer, Garden State Laboratories (Garden State), requesting on Haley’s behalf that his job be preserved. Eight weeks after that, a grand jury declined to indict Haley and the prosecutor dismissed all charges against him. In the interim, Garden State terminated Haley’s...
Mar 18

Painting Over Lines on a Paved Street is Not “Obstructing” the Street

Posted by Bruce D. Greenberg on Mar 18, 2021 in Appellate Division, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
State v. Williams, ___ N.J. Super. ___ (App. Div. 2021). Defendant was convicted in Municipal Court for violating an ordinance that stated that “No person shall unnecessarily obstruct any . . . street, or public place in the Borough [of Victory Gardens] with any kind of vehicle, boxes, lumber, wood, or any other thing[.]” Defendant had applied black paint over white lines on a paved surface whose status she disputed. The Borough said that surface was a street, while defendant claimed that it was part of her property as a “parking bay.” After a trial de novo in the Law...
Mar 16

Two FDCPA Opinions From Judge Porter

Posted by Bruce D. Greenberg on Mar 16, 2021 in Judges, Standards of review, Statutory interpretation, Third Circuit Court of Appeals | 0 comments
Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by Judge Porter, came from two different panels, of which Judge Porter was the only common member. But the issues in the two cases were very different. One thing was the same, though: creditors prevailed and debtors lost in both cases. In Moyer, the question was whether defendant’s collection letter violated the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”). The letter read:...
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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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