In Kernahan v. Home Warranty Administrator of Florida, the Supreme Court of New Jersey refused to enforce a mandatory arbitration agreement in a home warranty contract because it lacked mutual assent. The court did not reach the argument of whether its ruling in Atalese v. U.S. Legal Services Group should
The Supreme Court of New Jersey ruled in Josh Finkelman v. National Football League (NJ, 2019) that the National Football League (NFL) did not run afoul of the New Jersey Ticket Law when distributing tickets to the 2014 Super Bowl. According to the unanimous court, New Jersey Ticket Resale Law
The New Jersey Open Public Meeting Act (“OPMA”) does not contain a fee-shifting provision that would allow a plaintiff who brings a successful enforcement action to recover his/her legal costs. However, an ongoing OPMA lawsuit is relying on a novel legal theory to recover counsel fees under the fee-shifting provision contained
The U.S. Supreme Court is poised to decide whether federal agencies can challenge patents under the America Invents Act (“AIA”). The case, Return Mail Inc. v. United States Postal Service, centers on whether the government qualifies as a “person” who may petition to institute review proceedings under the AIA. Legal
Gov. Phil Murphy recently signed legislation into law that extends the New Jersey Prompt Payment Act to include local governments, school boards and independent authorities. The law, which already applies to state government agencies, aims to ensure the prompt payment of public contracts for the purchase of goods and services and
Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause. Facts of the Case In 2002, the
In August, Gov. Phil Murphy signed legislation into law that authorizes New Jersey counties to alter the real property assessment calendar, provided the relevant county board of taxation approves. The new law (formerly A-538/S2257) specifically allows any county to operate under the alternative real property assessment dates established in the “Real
In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by N.J.S.A. 10:4–14; and (2) to provide employees, whose
