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Apr 1

The 2,000th Post on This Blog: The Anniversary of Campbell v. Department of Civil Service

Posted by Bruce D. Greenberg on Apr 1, 2022 in Administrative agency actions, Notable opinion writing, Standards of review, Supreme Court of New Jersey | 0 comments
On this date in 1963, the Supreme Court decided Campbell v. Department of Civil Service, 39 N.J. 556 (1963). The opinion, by Justice Jacob s for a unanimous Court, has been cited hundreds of times for the standard of review in Civil Service Commission matters; “ordinarily, we will not upset a determination by the Commission in the absence of a showing that it was arbitrary, capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative policies expressed or implicit in the civil service act.” Bernard Campbell had served as a deputy...
Mar 8

Two Opinions by Judge Whipple

Posted by Bruce D. Greenberg on Mar 8, 2022 in Administrative agency actions, Appellate Division, Contract interpretation, Judges, Standards of review | 0 comments
Grandvue Manor, LLC v. Cornerstone Contracting Corp., ___ N.J. Super. ___ (App. Div. 2022); Sullivan v. Board of Review, ___ N.J. Super. ___ (App. Div. 2022). Both of these opinions, issued yesterday, were authored by Judge Whipple. The former addressed an arbitration provision contained in a contract to construct a $10 million home in New York. The latter dealt with an attempt to assert an estoppel claim against the Board of Review, which had sought to recover payments wrongly made to petitioner Sullivan. In Grandvue, the Appellate Division was first required to determine whether New Jersey...
Feb 17

Two Accelerated Appeals, and Four More, for the Supreme Court

Posted by Bruce D. Greenberg on Feb 17, 2022 in Administrative agency actions, Constitutional law, Contract interpretation, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted review in six cases. Three of those involve grants of leave to appeal and three are grants of certification. The Court accelerated the schedule for two of the leave to appeal cases. The first of the two accelerated cases is State v. Mackroy-Davis. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did the trial court abuse its discretion by designating particular periods of excludable time for purposes of calculating the speedy trial deadlines under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to...
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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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