Month: May 2017

NJ Council on Local Mandates Rejects Bail Reform Challenge

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.

Turnpike

TCA Shields Turnpike Authority in Suit Over Fatal Tree Fall

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

Assembly Passes Bill Barring Confidential Whistleblower Settlements

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

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

NJ Appeals Court Upholds 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