Author: Shana T. Don

Third Circuit Rules University Immune from Suit as “Arm of the State”

Third Circuit Rules University Immune from Suit as “Arm of the State”

Resolving a split in the federal courts in New Jersey and Pennsylvania, the Third Circuit Court of Appeals recently held that state universities are entitled to Sovereign Immunity protections in discrimination law suits.  The decision in Maliandi v. Montclair State University found that Montclair State University (MSU) is entitled to

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

In McCormick v. the State of New Jersey, the Appellate Division considered whether a personal injury plaintiff can avoid the need to obtain an affidavit of merit (AOM) by suing only the public entity and not the licensed professionals. The appeals court ultimately concluded that such circumvention of the AOM

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

NJ Appeals Court Addresses When Public Employees Must Forfeit Pensions

The Appellate Division of the New Jersey Superior Court recently addressed when public employees can be required to forfeit their pensions due to dishonorable service. In Hollander v. Bd. of Trustees of the Police & Firemen’s Ret. Sys., the appeals court held that a former corrections officer should not be

NJ Council on Local Mandates Rejects Bail Reform Challenge

DLGS Issues New Guidance on Length of Service Award Programs

The Division of Local Government Services (DLGS) published an update to the guidelines for New Jersey’s “Emergency Services Volunteer Length of Service Award Program” (LOSAP).  The program allows municipalities to structure financial rewards the service of fire and first aid volunteers. The program has come under scrutiny after the State

NJ Supreme Court Sides With School Board in Whistleblower Case

In State v. Ivonne Saavedra, the Supreme Court of New Jersey held that a school board clerk could be criminally indicted for taking confidential documents from the North Bergen Board of Education. In so ruling, the court rejected the defendant’s arguments that that Quinlan v. Curtiss-Wright Corp., 204 N.J. 239

Should New Jersey Municipalities Supply Their Own Internet?

As part of his State of the Union Address, President Obama touched on an important new initiative that could make it easier for New Jersey municipalities to build and run digital communications infrastructures. Under President Obama’s plan, aimed at increasing competition and innovation while safeguarding net neutrality, the federal government

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Homework matters, even in baseball. The Appellate Division recently held that a local school board could not be held liable for the injuries suffered by Tenafly mother, who was struck by a baseball while attending her son’s game. The decision in Brigante v. Tenafly Board of Education addresses when a

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

Year in Review: Public Employment Developments for 2015

As 2015 comes to a close, we will be taking a look back at the major public law issues that impacted New Jersey municipalities and other public entities. Particularly in the area of employment law, where this year saw a number of legal developments, including new laws and precedential court