New Jersey Court Rules Fire Company Subject to OPRA

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

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 […]

{ 0 comments }

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 […]

{ 0 comments }

NJ Appeals Court Clarifies Elements of NJCRA Claim

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

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 […]

{ 0 comments }

“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, 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 […]

{ 0 comments }

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 […]

{ 0 comments }

In Endrew F. v. Douglas County School District, the U.S. Supreme Court unanimously held that public schools are responsible for providing students with disabilities education programs that are “more than de minimis.” The Court’s decision significantly expands the obligations of New Jersey public schools under the Individuals with Disabilities Education Act (IDEA).   Facts of the […]

{ 0 comments }

Proposed NJ Bill Bans Third Party Tax Appeals

by Jason T. Mushnick on March 24, 2017

New Jersey lawmakers are currently considering legislation that would prohibit third parties from filing property tax appeals with respect to the property of others. Bills have been introduced in both the Senate and the Assembly. Under current law, property taxpayers may challenge the assessment or exempt status of their own property as well as that […]

{ 0 comments }

In a recent decision, the Appellate Division clarified when parties have standing to challenge a site plan approval. The appeals court ultimately concluded that the challengers lacked standing because they lacked an ownership interest or other financial interest in the neighboring property, which formed the basis of their claim of standing. Facts of the Case In […]

{ 0 comments }

New Jersey lawmakers are currently considering legislation that would transfer the management of the Police and Fire Retirement System (PFRS) to a Board of Trustees. Under Senate Bill 3040, the Board of Trustees of the Police and Firemen’s Retirement System would be tasked with overseeing the operation of the retirement system, including the investment or […]

{ 0 comments }

In Bound Brook Board of Education v. Glenn Ciripompa, the Supreme Court of New Jersey held that an arbitrator exceeded his authority by applying the standard for proving a hostile-work-environment, sexual-harassment claim under the Law Against Discrimination (LAD) to a claim of unbecoming conduct in a tenured teacher misconduct hearing.  Facts of the Case Defendant Glenn […]

{ 0 comments }