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Jan 13

The Supreme Court Follows Plain Statutory Language and Limits the “Good Faith Defense” Under the Wage and Hour Law

Posted by Bruce D. Greenberg on Jan 13, 2021 in Administrative agency actions, Class actions, Judges, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments
Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law (“WHL”) class action case reversed a summary judgment ruling for the defense, holding that the statute’s “good faith defense” was not available to defendant. Today, in a unanimous opinion by Justice Patterson, the Supreme Court affirmed that decision. The Court’s decision was based on the plain language of the statute. As Justice Patterson summarized, to invoke the good faith defense, an employer must “‘plead[] and...
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 28

A (No) Charitable Immunity Anniversary

Posted by Bruce D. Greenberg on Dec 28, 2020 in Notable opinion writing, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments
As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when plaintiff Virginia Tonelli, after watching her granddaughter play soccer on a school field owned by the defendant school board, tripped over a speed the school’s parking lot on the way back to her car. She fractured her hip and later died as a result of complications from her injuries. Her husband sued the Board for negligently creating and maintaining the speed bump. Asserting that it was a non-profit entity organized...
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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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