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Jun 15

Three Published Appellate Division Decisions

Posted by Bruce D. Greenberg on Jun 15, 2022 in Appellate Division, Constitutional law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the Medical Aid in Dying for the Terminally Ill Act, N.J.S.A. 26:16-1 to -20 (“the Act”). The Appellate Division agreed with the Law Division that, despite New Jersey’s relatively liberal standing rules, none of the plaintiffs had...
Feb 4

The Supreme Court Upholds the Redistricting Commission’s Choice of the Democrats’ Congressional District Map

Posted by Bruce D. Greenberg on Feb 4, 2022 in Constitutional law, Judges, Standards of review, Supreme Court of New Jersey | 0 comments
In re Establishment of Congressional Districts by the New Jersey Redistricting Commission, ___ N.J. ___ (2022). As summarized here, in a lawsuit brought directly to the Supreme Court under its original jurisdiction, Republicans challenged the decision of the New Jersey Redistricting Commission to select the Democrats’ proposed Congressional district map over the map proposed by Republicans. In a 24-page Order signed by Chief Justice Rabner, the Court voted 5-0 to dismiss the Complaint and uphold the Commission’s decision. Joining the Chief Justice were Justices Albin, Patterson,...
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 This blog does not often cover non-precedential decisions of appellate courts.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 The opinion was non-precedential because plaintiff (“the Campaign”) appealed the District court’s rejection of the Campaign’s attack on the vote in Pennsylvania only “on a very narrow ground: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...
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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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