Appellate Law NJ Blog
  • Home
  • Bruce Greenberg
Jul 15

The Importance of Spelling Out Findings and Reasons for Judicial Decisions

Posted by Bruce D. Greenberg on Jul 15, 2021 in Administrative agency actions, Appellate Division, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments
In re D.L.B., ___ N.J. Super. ___ (App. Div. 2021); Valarezo-Tirado v. Attorney General of the United States of America, ___ F.4th ___ (3d Cir. 2021). It is a fundamental rule that courts must provide findings and reasons for their decisions. Litigants deserve to know why they won or lost, and reviewing courts (if cases go on appeal) need to know what decision they are reviewing. In the last two days, these two cases, one from the Appellate Division and one from the Third Circuit, re-emphasized the importance of findings and reasons for decision. In re D.L.B. was a case under New...
Mar 31

Relief From Judgment Under Rule 4:50-1(f) in a Tax Sale Foreclosure Case

Posted by Bruce D. Greenberg on Mar 31, 2021 in Appellate Division, Chancery issues, Judges, Standards of review | 0 comments
BV001 REO Blocker, LLC v. 53 West Somerset Properties, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Ostrer’s opinion in this case, issued today, may become the new “go-to” source in cases seeking to invoke Rule 4:50-1(f). That Rule permits relief from judgments for “any other reason justifying relief from the operation of the judgment” besides those listed in the preceding sub-sections of Rule 4:50-1. Citing and quoting ‘multiple Supreme Court cases, Judge Ostrer observed that “[s]ubsection (f) affords relief in ‘exceptional...
Nov 30

Should Res Ipsa Loquitur be Modified? The Appellate Division Says No, Absent a “Signal” From the Supreme Court

Posted by Bruce D. Greenberg on Nov 30, 2020 in Appellate Division, Effect of decisions by other courts, Judges, Practice Pointers, Summary judgment | 0 comments
Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks for itself,” allows a jury “to infer a defendant’s negligence, enabling a plaintiff to make a prima facie case.” To trigger the doctrine, a plaintiff must show that “first, the accident was one that ‘ordinarily bespeaks negligence,’ that is, someone’s negligence more likely than not...
« Older Entries

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

 

Subscribe

  • reader reader
  • Subscribe to Appellate Law NJ Blog by Email

Archives

Links

  • An Appeal to Reason – California Appellate blog
  • Class Action Blawg
  • De Novo- Virginia Appellate Law blog
  • Florida Appellate Review
  • How Appealing
  • Maine Appeals Blog
  • New York Appellate Law blog
  • NJ Judiciary
  • On Brief – Iowa Appellate Law Blog
  • Third Circuit Blog
  • Third Circuit Court of Appeals

Categories

  • Administrative agency actions
  • Administrative matters
  • Appellate Division
  • Attorneys fees
  • Case management
  • Chancery issues
  • Class actions
  • Constitutional law
  • Consumer protection
  • Contract interpretation
  • Criminal law
  • Discovery
  • Effect of decisions by other courts
  • Judges
  • Jury issues
  • Municipal land use
  • Notable opinion writing
  • Pleadings
  • Practice Pointers
  • Standards of review
  • Statutory interpretation
  • Summary judgment
  • Supreme Court of New Jersey
  • Third Circuit Court of Appeals
  • Uncategorized
  • United States Supreme Court

Tags

Administrative agency actions Arbitration Briefs Chief Justice Stuart Rabner Court Rules Family Part interlocutory vs. final decisions Judge Allison Accurso Judge Anthony Parrillo Judge Carmen Alvarez Judge Carmen Messano Judge Clarkson Fisher Judge D. Brooks Smith Judge Douglas Fasciale Judge Ellen Koblitz Judge Heidi Willis Currier Judge Jack Sabatino Judge Jose Fuentes Judge Julio Fuentes Judge Kent Jordan Judge Marianne Espinosa Judge Marie Lihotz Judge Mary Catherine Cuff Judge Michael Haas Judge Mitchel Ostrer Judge Stephen Skillman Judge Susan Reisner Judge Thomas Ambro Judge Thomas Hardiman Judge Victor Ashrafi Justice Anne Patterson Justice Barry Albin Justice Fabiana Pierre-Louis Justice Faustino Fernandez-Vina Justice Helen Hoens Justice Jaynee LaVecchia Justice Lee Solomon Justice Walter Timpone Law of the case Makeup of court Notice of appeal Prerogative writ appeals Standing Statute of limitations Waiver

Designed by Elegant Themes | Powered by Wordpress