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Jun 16

Notice of Tort Claim Against a County Can Validly be Served on the County Clerk

Posted by Bruce D. Greenberg on Jun 16, 2022 in Appellate Division, Judges, Statutory interpretation | 0 comments
Bryant v. County of Cumberland, ___ N.J. Super. ___ (App. Div. 2022). In what may be the shortest published opinion of the current Term, Judge Fisher today addressed this “matter of first impression”: whether “service of a Tort Claims Act notice of claim on a county is sufficient when sent to the county clerk rather than the board of county commissioners.” The Law Division found the notice insufficient, but the Appellate Division reversed that ruling. Judge Fisher observed that “N.J.S.A. 59:8-7 is specific about how to serve the State, calling for its submission...
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...
Apr 11

Where Did Last Week Go?

Posted by Bruce D. Greenberg on Apr 11, 2022 in Appellate Division, Criminal law, Effect of decisions by other courts, Judges, Statutory interpretation | 0 comments
Last week was a hectic week. So much so that two particularly significant Appellate Division opinions did not get covered here. Belatedly, here are summaries of those two opinions (shamelessly borrowed verbatim from the well-written opinions themselves). State v. O’Donnell, ___ N.J. Super. ___ (App. Div. 2022). Judge Fisher’s opinion in this case concisely summarized the issue and the court’s ruling in the first two paragraphs of the decision: “N.J.S.A. 2C:27-2 imposes criminal liability on ‘person[s]’ who offer or accept from another ‘[a]ny benefit...
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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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