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Apr 13

Is an Appellate Division Merits Panel Bound by One-Judge Appellate Division Rulings Limiting the Scope of the Appeal?

Posted by Bruce D. Greenberg on Apr 13, 2022 in Appellate Division, Judges, Standards of review | 0 comments
Devers v. Devers, ___ N.J. Super. ___ (App. Div. 2022). This was a matrimonial appeal. The issue centered around whether a particular financial account (“the Gauss account”) was marital property. Plaintiff wife filed a motion for summary judgment declaring that the account was marital property. The Family Part denied that motion “without prejudice, as [that c]ourt lack[ed] subject matter jurisdiction” on January 16, 2020, and the parties proceeded to litigate other issues. Plaintiff later moved for reconsideration, but the Family Part ruled, in an order entered on...
Mar 31

Denial of Summary Judgment on Qualified Immunity is Not Immediately Appealable

Posted by Bruce D. Greenberg on Mar 31, 2022 in Effect of decisions by other courts, Judges, Standards of review, Summary judgment, Supreme Court of New Jersey | 0 comments
Harris v. City of Newark, ___ N.J. ___ (2022). [Disclosure: My firm, Lite DePalma Greenberg & Afanador, LLC, represents the City of Newark in certain cases, including cases in which the defense of qualified immunity is or might be raised, but the firm had no involvement in the case that is the subject of this post]. This opinion by Justice Patterson, for a unanimous Supreme Court, addressed the issue of whether an order denying a motion of a public entity or public employee for summary judgment granting qualified immunity in a civil rights act (whether under the federal or New Jersey...
Jul 28

Two Decisions About When Judgments Appealed From Are Final

Posted by Bruce D. Greenberg on Jul 28, 2021 in Administrative agency actions, Appellate Division | 0 comments
Appellate Division opinions designated as not for publication do not often address legal issues such as whether and when a judgment under appeal is final. But today, the Appellate Division issued two opinions that touch on that subject in different contexts. Williams v. County of Middlesex, 2021 N.J. Super Unpub. LEXIS 1580 (App. Div. July 28, 2021), was a suit by plaintiff corrections officers against a number of defendants. Plaintiffs alleged that they had been physically and emotionally injured, and had been subjected to disciplinary charges, after they had intervened in a fight between a...
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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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