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Feb 16

Two Concise Opinions, by Judges Fisher and Currier

Posted by Bruce D. Greenberg on Feb 16, 2022 in Appellate Division, Consumer protection, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
In the last two days, Judges Fisher and Currier, respectively, authored published opinions that consumed fewer than ten pages. Here they are: State v. M.K.P., ___ N.J. Super. ___ (App. Div. 2022). This was Judge Fisher’s decision. The issue was whether defendant’s alleged assault of her elderly mother constituted a violation of N.J.S.A. 2C:24-8(a). As Judge Fisher summarized it, that statute “imposes criminal liability on those who have ‘assumed continuing responsibility for the care of a person 60 years of age or older,’ making it a crime of the third-degree to...
Feb 16

Justice Fernandez-Vina Reaches Age 70 and Retires From the Supreme Court

Posted by Bruce D. Greenberg on Feb 16, 2022 in Judges, Supreme Court of New Jersey | 0 comments
Yesterday, Justice Fernandez-Vina turned seventy years old. That is the mandatory retirement age for judges, which Justice O’Hern, for whom I clerked, referred to as “the age of constitutional senility.” Accordingly, Justice Fernandez-Vina’s service on the Supreme Court has come to an end. Governor Murphy has not nominated anyone to take Justice Fernandez-Vina’s seat. If Chief Justice Rabner opts to fill that seat temporarily by promoting an Appellate Division judge, as was done when Judge Fuentes was tapped to fill the seat vacated by Justice LaVecchia (a...
Feb 14

Last Week’s Published Opinions

Posted by Bruce D. Greenberg on Feb 14, 2022 in Appellate Division, Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Summary judgment, Supreme Court of New Jersey | 0 comments
Last week just flew by. So, belatedly, here are summaries of the week’s published opinions by the Supreme Court and the Appellate Division: Graphnet, Inc. v. Retarus, Inc., ___ N.J. ___ (2022). This unanimous opinion by Justice Fernandez-Vina involved nominal damages and remittitur in a defamation case. Without objection, the jury was given a charge based on Model Civil Jury Charge 8.46D. That Model Charge was internally contradictory as to whether nominal damages could be awarded to compensate plaintiff. A jury awarded $0 in compensatory damages and $800,000 in nominal damages. The...
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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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