In Houston Community College System v. Wilson, the U.S. Supreme Court held that an elected trustee who was publicly censured by his board did not have a First Amendment claim. In reaching its decision, the Court explained that the purely verbal censure was itself a form of free speech by
In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the
In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —
Under a law that took effect last year, New Jersey municipalities can establish property tax rewards programs encouraging residents to shop at local retail establishments. The Division of Local Government Services (DLGS) recently issued a Local Finance Notice (LFN) aimed to guide municipalities in creating and implementing these new programs.
In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to
The New Jersey Supreme Court recently clarified when police internal affairs (IA) reports must be disclosed to the public under both the Open Public Records Act (OPRA) and the common law right of access. The court ultimately concluded that while OPRA does not permit access to internal affairs reports, records can
Gov. Phil Murphy recently signed legislation extending the period of time a parent, guardian, or local educational agency has to request a due process hearing regarding the education of a child with disabilities during a COVID-19 school closure or during periods of virtual, remote, hybrid, or in-person instruction. The extension is
In State v. Christopher Radel (A-44-20) and State v. Keith Terres (A-45-20) (Decided January 20, 2022), the Supreme Court of New Jersey held that when an arrest occurs outside a home, the police may not enter the dwelling or conduct a protective sweep in the absence of a reasonable and
