A recent decision by the Appellate Division reminds New Jersey public bodies that they cannot broadly cite attorney-client privilege to avoid providing documents in response to a request made under the Open Public Records Act (OPRA). In Hyman v. City of Jersey City, the court chastised the municipality for its
Legislation is currently pending in both houses of the New Jersey Legislature that would eliminate the statute of limitations on civil actions for sexual abuse. While we certainly do not question the intent of these bills, New Jersey municipalities should be aware of the potential legal consequences. The current statute
A bill introduced in the New Jersey Senate would overrule a recent court ruling regarding the liability of New Jersey municipalities when it comes to their emergency response operations. In Murray v. Plainfield Rescue Squad, the New Jersey Supreme Court held that rescue squads that provide intermediate and basic life
The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent decision, Superior Court Judge Yolanda Ciccone ruled that data does not need to be readable to qualify as a public record. The Facts of the Case The New Jersey OPRA lawsuit was filed
The courts have struck down New Jersey schools conduct policy as ultra vires, raising the question of whether any policy that regulates out of school or after hours conduct will survive judicial scrutiny. The decision is significant given that at least 54 schools are currently using these policies. In the
New Jersey municipalities have now received their letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, they are refusing to go down without a fight. The most recent challenge, brought by the Fair Share Housing Center, argued that Gov.
Against the backdrop of a ballot question to force judges to pay more for their benefits, the New Jersey Supreme Court has approved amendments to the Rules Governing the Courts of the State of New Jersey, which impose new ethics obligations on those New Jersey judges who begin to look
New Jersey school districts may need to go back to the drawing board when it comes to disciplining students for illicit activities that not take place on school grounds or during school hours. The Appellate Division recently held that many of these 24/7 school conduct policies go too far by
