NJ Appeals Court Holds School District Not Liable for Abuse

In Doe v. Hopewell Valley Reg. School Distr. Bd. of Ed., the Appellate Division held that Hopewell Valley Regional School District was not liable for damages arising out of sexual abuse committed against a student by one of the District’s former teachers. According to the court, there was no evidence the District knew, or had any […]

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NJ Council on Local Mandates Rejects Bail Reform Challenge

by John G. Geppert, Jr. on May 23, 2017

NJ Council on Local Mandates Rejects Bail Reform Challenge

The New Jersey Council on Local Mandates recently issued a formal decision rejecting the New Jersey Association of Counties’ challenge to the state’s bail reform law. The Counties had alleged that the reforms set forth in the Criminal Justice Reform Act (CJRA) constitute an unfunded mandate and are thus unconstitutional. Bail Reform Challenge Under prior New […]

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TCA Shields Turnpike Authority in Suit Over Fatal Tree Fall

by Michael A. Jimenez on May 15, 2017

Turnpike

A New Jersey appeals court recently confirmed that the state’s Tort Claims Act (“TCA”) shields the New Jersey Turnpike Authority (“Turnpike Authority”) from any liability in a wrongful death lawsuit where a tree fell onto a vehicle traveling on the highway causing the death of two individuals.  According to the Appellate Division, the Turnpike Authority […]

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Assembly Passes Bill Barring Confidential Whistleblower Settlements

The Assembly recently passed legislation that would prohibit public agencies from incorporating confidentiality provisions into settlement agreements with a whistleblower. Assembly Bill No. 4243 also provides that such settlements constitute public records. Assemblyman John McKeon introduced the bill in response to a settlement agreement in which the state agreed to pay $1.5 million to resolve […]

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NJ Appeals Court Uphold TCA Immunity for Traffic Crash Near School Zone

The Appellate Division recently held that the City of Elizabeth (City) and Elizabeth Board of Education (BOE) are immune from liability under the New Jersey Tort Claims Act (TCA) for injuries sustained by a child who was struck by a motor vehicle while crossing the street near a municipal park located about a block away […]

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New Jersey Court Rules Fire Company Subject to OPRA

by John G. Geppert, Jr. on May 2, 2017

Fire Company Subject to OPRA

A New Jersey Court recently ruled that a volunteer Fire Company is subject to the state’s Open Public Records Act. In Justin D. Lamb v. Lavallette Volunteer Fire Company, No. 1, et al., the court held that in the absence of a designated record custodian, it was appropriate for the requestor to serve the Borough […]

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Chevron Takes Center Stage in Third Circuit’s FMLA Decision

U.S. Supreme Court Justice Neil Gorsuch is not the only vocal critic of the Supreme Court’s 1984 decision in Chevron v. Natural Resource Defense Council. In a recent decision, a judge sitting on the Third Circuit Court of Appeals raised concerns about the appeal court’s reliance on Chevron deference to resolve an employment dispute. Facts of the Case […]

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NJ Appeals Court Clarifies Elements of NJCRA Claim

by John G. Geppert, Jr. on April 21, 2017

NJ Appeals Court Clarifies Elements of NJCRA Claim

In a recent decision, the Appellate Division of the New Jersey Superior Court clarified that familial and social affiliations do not qualify as the constitutionally protected conduct required to make a claim under the New Jersey Civil Rights Act (NJCRA). In Lapolla v. County of Union, the plaintiff alleged that he suffered adverse employment actions […]

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“Snooki” Bill Heads to Gov. Christie’s Desk

by Allison N. Zsamba on April 18, 2017

The New Jersey Legislature recently passed a bill that prohibits public institutions of higher education from using state funds in excess of $10,000 to pay fees to speakers,

The New Jersey Legislature recently passed a bill that prohibits public institutions of higher education from using state funds in excess of $10,000 to pay fees to speakers, including but not limited to commencement speakers. The legislation now heads to Governor Christie.  The proposed bill (Senate Bill Number 2355) is more commonly known as the […]

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NJ Appeals Court Upholds Disqualification for $500 Pay-for-Play Violation

In a recent decision, the Appellate Division of the New Jersey Superior Court affirmed agency decisions rescinding approximately $7 million in state contracts to a local paving company. As a result of the $500 political donation, the company was also disqualified from any state contract through the remainder of Gov. Chris Christie’s second term. The […]

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