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Jan 15

If a Defendant Waives a Personal Jurisdiction Defense, a Court Cannot Dismiss for Lack of Personal Jurisdiction

Posted by Bruce D. Greenberg on Jan 15, 2020 in Appellate Division, Constitutional law, Judges | 0 comments
Triffin v. Southeastern Pennsylvania Transportation Auth., 462 N.J. Super. 172 (App. Div. 2020). Judge Fisher issued the Appellate Division’s opinion on this appeal just eight days after it was argued. The issue was not complex. Plaintiff sued several defendants for damages on a dishonored check. One of those defendants was the Southeastern Pennsylvania Transportation Authority (“SEPTA”). SEPTA answered without filing any separate defenses. By the time of trial, only SEPTA remained as a defendant, as one other defendant defaulted and the other was admittedly erroneously...
Aug 30

Third Circuit Roundup

Posted by Bruce D. Greenberg on Aug 30, 2019 in Attorneys fees, Class actions, Constitutional law, Judges, Standards of review, Summary judgment, Third Circuit Court of Appeals | 0 comments
Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions. From August 14 through August 29, the court published thirteen opinions. Here are summaries of some of them (for full coverage of all of the court’s activities, check out Matthew Stiegler’s CA3blog): Golden v. New Jersey Institute of Technology, 934 F.3d 302 (3d Cir. 2019). This opinion by Chief Judge Smith involved an attorneys’ fee issue under New Jersey’s Open Public Records Act, N.J.S.A....
May 20

The Supreme Court Will Review Three Published Appellate Division Decisions, and One Unpublished One

Posted by Bruce D. Greenberg on May 20, 2019 in Administrative agency actions, Criminal law, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted review in four more cases. In three of those appeals, the Court granted petitions for certification. In the fourth case, the Court granted certification and leave to appeal. Three of the appeals involve published opinions of three-judge panels of the Appellate Division. In The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., discussed here, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Does the two-year statute of limitations, applicable to claims under the Workers’ Compensation Act, apply...
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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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