Month: May 2012

In New Jersey, Justice May Not Be Denied, But It Will Be Delayed

New Jersey faces a serious shortage of trial court judges, and the growing judicial vacancy rate will soon impact how long it takes for cases to be decided. In Essex County, the shortage prompted Assignment Judge Patricia Costello to suspend complex civil litigation and all matrimonial trials for at least

Appeals Court Clarifies Ineligibility Period Under New Jersey Pay-to-Play Rules

New Jersey’s pay-to-play rules, which prevent companies from entering into public contracts after making significant political contributions, just got a bit tougher for New Jersey businesses. Yet, at the same time, the Appellate Division of the Superior Court of New Jersey provided much needed clarification for New Jersey state agencies

Kwon’s Failure to Withdraw Makes History

Judicial nominees who withdraw their names when they know they don’t have the votes for confirmation are never remembered very long. Philip Kwon, on the other hand, has made his mark on New Jersey legal history by either becoming the first or one of very few nominees to the New

“No Loitering” vs. “No Trespassing”: What’s the Big Difference?

“No Trespassing” and “No Loitering” signs can be an effective means for New Jersey municipalities to deter criminal activity and prevent injury lawsuits. A new decision by a New Jersey appellate court clarifies just how much legal weight these signs carry. State v. Gibson specifically considered whether it mattered that

When Will Same-Sex Marriage Litigation Reach the Supreme Court?

President Barak Obama made headlines last week when he announced his support for same-sex marriage. The announcement follows his decision earlier this year to stop defending the Defense of Marriage Act (DOMA) in same-sex marriage litigation. While both of these actions help advance efforts to make same-sex marriage legal throughout

New Jersey Supreme Court Upholds Limitations on Paid Sick Leave

The New Jersey Supreme Court has ruled that the state can limit how much school administrators can get for unused sick leave. The lawsuit challenged the constitutionality of New Jersey public employee compensation regulations that cap the payment for accumulated sick time for certain school administrators at $15,000. As reported by the Star-Ledger,

Could OPRA Lead to Privacy Concerns for New Jersey Citizens?

The debate on the balance between individual privacy and the public’s right to information about public business is back in the center of attention as the New Jersey State Legislature continues to debate the state’s open government laws. Assemblyman Jack M. Ciattarelli announced his plans to introduce legislation that would

Practice of “Sequencing” Comes Under Fire in Rutgers Open Meeting Case

The New Jersey Supreme Court is currently considering whether Rutgers University broke New Jersey law when its Board of Governors met privately to discuss the university’s football program. Because it is a state institution, Rutgers is subject to New Jersey’s Open Public Meetings Act (OPMA) and must follow certain rules