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Jun 13

Common Law Rescue Doctrine Does Not Extend to Rescue of Property, as Opposed to People

Posted by Bruce D. Greenberg on Jun 13, 2022 in Effect of decisions by other courts, Judges, Summary judgment, Supreme Court of New Jersey | 0 comments
Samolyk v. Berthe, ___ N.J. ___ (2022). As discussed here, this case involved a set of facts in which one of the plaintiffs jumped into a lagoon to rescue their neighbors’ dog. The plaintiff was injured in doing that, and she and her husband sued the neighbors for their alleged negligence in allowing the dog to get into the lagoon. On a dispositive motion, the Law Division ruled against plaintiffs because no New Jersey case had extended the common law rescue doctrine, which allows suit against a negligent party for injuries suffered by a rescuer of a person, to the rescue of property,...
May 20

Supreme Court and Appellate Division Published Decisions This Week

Posted by Bruce D. Greenberg on May 20, 2022 in Appellate Division, Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments
An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel on “Effective Oral Argument in Appellate and Trial Courts,” which featured Justice Albin, Judge Shwartz of the Thgird Circuit, Judge Fisher of the Appellate Division, and Judge Williams of the District of New Jersey, which was great fun for the panelists and well-received by the overflow crowd of attendees. But now, on to summaries of this week’s published opinions (two other decisions this week were...
May 13

The “Sham Affidavit Doctrine” in an Unusual Context

Posted by Bruce D. Greenberg on May 13, 2022 in Appellate Division, Effect of decisions by other courts, Judges, Summary judgment | 0 comments
Metro Marketing, LLC v. Nationwide Vehicle Assurance, Inc., ___ N.J. Super. ___ (App. Div. 2022). As discussed here, the “sham affidavit doctrine” holds that a party opposing summary judgment cannot claim that an affidavit that contradicts the affiant’s prior sworn evidence, such as deposition testimony, creates a genuine dispute of material fact unless there is a legitimate explanation for the affiant’s changed position. Shelcusky v. Garjulio, 172 N.J. 185 (2002), is the leading New Jersey case regarding the doctrine. This opinion by Judge Sabatino addressed the...
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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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