Month: August 2014

NJ Supreme Court Rules Faulkner Act Violation Warrants Award of Attorneys Fees

The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent

NJ Municipality to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

New Brunswick to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

The City of New Brunswick impermissibly blocked a bar owner’s efforts to open a restaurant and sports bar to be named “Buck Foston’s,” according to a New Jersey jury. It awarded plaintiff Lawrence D. Blatterfein more than $1.5 million for the violation of his First Amendment rights. The Facts of

Atlantic City Internal Affairs

Court Rules Atlantic City Internal Affairs Files Are Discoverable

In Groark v. Timek, a New Jersey federal judge issued a ruling that has the potential to destroy the confidential nature of internal affairs files. The ruling will compel not only Atlantic City internal affairs files to be produced for the named defendant officers, but also all other officers. Further,

Sign executive order

NJ Supreme Court Rules Agency Properly Awarded Contract to Lowest Bidder

The Supreme Court of New Jersey recently ruled that the New Jersey Division of Property Management and Construction (Division) acted properly when it awarded a contract for the lease of office space to the lowest bidder. The state’s highest court also concluded that the Director of the Division correctly determined


NJ Supreme Court Rules Common Interest Rule Applies to OPRA Requests

The New Jersey Supreme Court recently addressed what happens when the New Jersey Open Public Records Act (OPRA) and attorney-client privilege intersect. In O’Boyle v. Borough of Longport, the state’s highest court specifically addressed the application of the common interest rule to litigation documents requested under OPRA and the common

Proposed Bill Would Eliminate Awards of Punitive Damages Against NJ Municipalities

Proposed Bill Would Eliminate Awards of Punitive Damages Against NJ Municipalities

Recently proposed legislation could reduce the legal costs of New Jersey municipalities. Assembly Bill Number 2997 would eliminate awards of punitive damages against municipalities as well as employees of municipalities acting within the scope or under color of their office, employment, or agency.  In a civil lawsuit, compensatory damages are

Assembly Advances Municipal Funding Restitution Bill

Gov. Christie Signs Bill Extending Arbitration Interest Cap

On June 24, 2014, Gov. Chris Christie signed a bill that extends the cap on how much compensation arbitrators can award police and firefighters who have reached a contract negotiation impasse with their local municipalities. The law (A-3424) took effect immediately and is retroactive to April 2, 2014. Under existing

NJ Supreme Court Overturns Digit Billboard Ban

U.S. Supreme Court to Review Municipal Sign Ordinance Next Term

The U.S. Supreme Court recently agreed to consider whether an Arizona town’s sign ordinance violates the First Amendment, as applied to a local church. Under long-standing First Amendment precedent, content-based restrictions on speech are closely scrutinized and upheld only if they are “narrowly tailored” to a “compelling government interest.” Reed