Month: February 2021

NJ Attorney General Adopts Revised Use of Force Policy

NJ Attorney General Adopts Revised Use of Force Policy

Last month, New Jersey Attorney General Gurbir S. Grewal announced significant changes to the statewide “Attorney General Directive Establishing the Use of Force Policy and Procedures” (Use of Force Policy) that must be followed by all state, county, and local law enforcement officers in New Jersey. This is the first time that

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

Federal District Court Strikes Down New Jersey Cemetery Act

The United States District Court for the District of New Jersey recently struck down the New Jersey Cemetery Act. In Rosedale and Rosehill Cemetery Association v. Twp. of Readington, the federal court ruled that the statute, which empowers municipalities to consent to new cemeteries within their borders, is unconstitutionally vague.  

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

In Hassan v. Borough of Emerson, the Appellate Division of the New Jersey Superior Court held that a plaintiff’s complaint in lieu of prerogative writs challenging a resolution granting site approval for a redevelopment project was time-barred because it was not filed within the required 45-day period. The court’s decision

NJ Supreme Court Holds Volunteering Employee Entitled to Workers Comp

In Goulding v. NJ Friendship House, Inc., (A-48-19/083726) (Decided February 8, 2021), the Supreme Court of New Jersey held that an employee volunteering at an employer-sponsored event was entitled to compensation for her injuries under the state’s Worker’s compensation Act. According to the unanimous court, plaintiff Kim Goulding’s role at

Legislative Update: Senate Education Committee Advances Teacher Diversity Bill Package

Legislative Update: Senate Education Committee Advances Teacher Diversity Bill Package

The Senate Education recently advanced eight bills that will impact New Jersey school districts if they are enacted in law. The legislative package, introduced by Senate Education Chair M. Teresa Ruiz, aims to increase diversity among the state’s teachers. “During our hearing on teacher diversity, we heard from countless educators

NJ Supreme Court Rules Teacher “Release Time” Does Not Violate State Constitution

NJ Supreme Court Rules Teacher “Release Time” Does Not Violate State Constitution

In Rozenblit v. Lyles, the New Jersey Supreme Court issued a significant decision rejecting statutory and constitutional challenges to provisions in a collective negotiations agreement [CNA] between the Jersey City School District [District] and the Jersey City Education Association [Association] that authorized two teachers [“releasees”], employed and paid by the District,

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

In Elmer Branch v. Cream-O-Land Dairy, (A-29-19/083379) (Decided January 13, 2021),the Supreme Court of New Jersey clarified the good faith defense under the New Jersey Wage and Hour Law (WHL), ruling that Cream-O-Land Dairy could not assert a defense under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations