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Dec 11

Two by Judge Fisher

Posted by Bruce D. Greenberg on Dec 11, 2020 in Appellate Division, Chancery issues, Effect of decisions by other courts, Judges, Summary judgment | 0 comments
Ippolito v. Ippolito, ___ N.J. Super. ___ (App. Div. 2020); Garden State Investment v. Township of Brick, ___ N.J. Super. ___ (App. Div. 2020). Each of the last two days saw published opinions by Judge Fisher. Each one was short, and each involved the type of equitable issues for which Judge Fisher is perhaps best known. Ippolito v. Ippolito may be the name of the first case, but the case, an outgrowth of a “lengthy and hotly-contested matrimonial action,” is in fact about the effort of one of the parties’ law firms to get paid. One of the husband’s former attorneys...
May 4

“Proliferate and Exceedingly Intimate” Text Messages Can Amount to a “Dating Relationship” That Supports Issuance of a Restraining Order

Posted by Bruce D. Greenberg on May 4, 2020 in Appellate Division, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
C.C. v. J.A.H., ___ N.J. Super. ___ (App. Div. 2020). The Prevention of Domestic Violence Act, N.J.S.A. 2C;25-17 et seq., allows the issuance of a restraining order for the protection of any “victim of domestic violence.” Such victims include “any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.” But the statute does not define “dating relationship.” The question in today’s opinion by Judge Rose was whether the parties had a “dating relationship” even though they never went...
Apr 28

An Attorney Who Can’t Handle an Assigned Matter Effectively Must Either Retain Substitute Counsel or So Advise the Court

Posted by Bruce D. Greenberg on Apr 28, 2020 in Appellate Division, Judges, Notable opinion writing, Practice Pointers | 0 comments
In re Adoption of a Child by C.J., ___ N.J. Super. ___ (App. Div. 2020). This opinion, issued today,must have been a very distasteful opinion for Judge Koblitz to write. As will be seen, the bottom line is “to be continued,” so quoting the first paragraph of the opinion in full and inviting readers to look at the rest of the decision for the unfortunate details suffices for today: “We write to emphasize that an attorney has an obligation to inform the court if he or she is not able to handle an assigned matter professionally due to a lack of expertise and inability 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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