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Oct 31

Impossibility of Performance as a Defense to Easement Agreements

Posted by Bruce D. Greenberg on Oct 31, 2013 in Administrative agency actions, Appellate Division, Constitutional law, Judges | 0 comments
Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013).  This case presented a concept of basic contract law– impossibility of performance– in an unusual setting.  Judge Parrillo wrote a typically careful and comprehensive opinion for the panel that unraveled a complicated set of facts and procedural history. Ocean City had established a dune system to protect beachfront properties.  Ocean City entered into easement agreements with beachfront property owners under which the municipality would maintain the dunes and keep them at a height no greater than three feet...
Oct 25

A Primer About the Attorney-Client Privilege

Posted by Bruce D. Greenberg on Oct 25, 2013 in Appellate Division, Discovery, Judges, Standards of review | 0 comments
Hedden v. Kean University, 434 N.J. Super. 1 (App. Div. 2013).  This interlocutory appeal, which resulted in a 2-1 decision by the Appellate Division, involved issues of attorney-client privilege.  In an opinion by Judge Parrillo, joined by Judge Harris, the majority reversed the ruling of the Law Division that had held that the e-mail communication in question was not protected by the privilege even though the communication was sent for purposes of obtaining legal advice.  A key issue in the appeal was whether the privilege, which belonged to defendant Kean University, had been waived, and...
Jul 12

The Consumer Fraud Act in Condominium Construction Defect Litigation

Posted by Bruce D. Greenberg on Jul 12, 2013 in Appellate Division, Attorneys fees, Consumer protection, Effect of decisions by other courts, Judges, Jury issues, Notable opinion writing, Practice Pointers, Standards of review, Statutory interpretation | 0 comments
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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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