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Nov 27

The Third Circuit Shoots Down the Trump Campaign’s Attack on the Pennsylvania Vote

Posted by Bruce D. Greenberg on Nov 27, 2020 in Chancery issues, Constitutional law, Judges, Pleadings, Standards of review, Third Circuit Court of Appeals | 1 comment
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which Chief Judge Smith and Judge Chagares joined, is an important exception. The opinion was non-precedential because plaintiff (“the Campaign”) appealed the District court’s rejection of the Campaign’s attack on the vote in Pennsylvania only “on a very narrow ground: whether the District Court abused its...
Oct 5

Condominium-Related Standing Law: The Effect of a “Hiccup”

Posted by Bruce D. Greenberg on Oct 5, 2020 in Appellate Division, Effect of decisions by other courts, Judges | 0 comments
Rialto-Capitol Condominium Ass’n, Inc. v. Baldwin Assets Assocs. Urban Renewal Co., LLC, 465 N.J. Super. 31 (App. Div. 2020). As Judge Fisher noted in his opinion in this case, “[t]he law is well settled that [condominium] unit owners have standing to bring claims for damages to their units, including the units’ contents or those fixed items that form part of the units, while the condominium] association has standing to pursue a claim for damages caused to the common elements. See Siller v. Hartz Mountain Assocs., 93 N.J. 370, 378 (1983); Belmont Condo. Ass’n, Inc. v....
Sep 21

Underage Adult Host Can be Liable for Acts of Underage Guests Who Consume Alcohol at the Host’s Home

Posted by Bruce D. Greenberg on Sep 21, 2020 in Effect of decisions by other courts, Judges, Notable opinion writing, Standards of review, Summary judgment, Supreme Court of New Jersey | 0 comments
Estate of Narleski v. Gomes, 244 N.J. 199 (2020). Near the beginning of his opinion for a unanimous Supreme Court in this case, Justice Albin summarized the issue: “Under our statutes and case law, a social host over the age of twenty-one has a duty not to serve alcohol to a visibly intoxicated guest, either an adult or a minor,if it is reasonably foreseeable the guest is about to drive. This case presents a variation on that theme. Does a young adult, over the age of eighteen but under the age of twenty-one –an adult under the lawful drinking age –have a duty not to...
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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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