Author: Donald Scarinci

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

California Judge Strikes Down Teacher Tenure Laws As Unconstitutional

California Judge Strikes Down Teacher Tenure Laws As Unconstitutional

  A California superior court judge made headlines earlier this month when he struck down several of the state’s teacher tenure laws as unconstitutional.  Vegara v. California found that the state’s tenure laws deprived students of their right to education as guaranteed by the State constitution and violated their civil

NJ Appeals Court Addresses Separation of Powers in County Executive Governments

A recent decision by the Appellate Division of the New Jersey Superior Court sheds light on the separation of powers between the county executive and board of freeholders in a county executive form of government. In Donovan v. Bergen County Board of Chosen Freeholders, the appeals court specifically considered (1)

NJ Council on Local Mandates Rejects Bail Reform Challenge

Former Mayor Bencivengo’s Bribery Conviction Upheld

Former Mayor John Bencivengo’s conviction has been upheld by the U.S. Court of Appeals for the Third Circuit. The court ruled that a town official can be convicted for taking bribes to guide school board contracts. This is true even if the official cannot make good on his promises –

Same-Sex Couples in New Jersey Need Answers from Legislature

New Jersey has created a legal ambiguity for same-sex couples who have entered into a legal civil union and also gotten married. For example, if the couple decides to end the relationship, do they have to get a dissolution of the civil union and a divorce? The current New Jersey

Aggregate Campaign Contribution Limits Violate First Amendment

The recent opinion of the U.S. Supreme Court in McCutcheon v. Federal Election Committee has struck a blow to the regulation of money in elections. The Court struck down the federal limits on the total amounts individual donors may contribute to candidates and political committees. The Court reasoned that donating

Should OPRA Be Amended to Include State Legislators?

Momentum is growing among New Jersey municipalities to expand the New Jersey Open Public Records Act (OPRA) to include state lawmakers. The basic argument is “if us, why not them?” Under the current law, OPRA’s disclosure requirements apply to “public agencies,” which are defined as: The executive branch of state