Category: Constitutional Law

Oral Arguments Held in NJ Cases Involving Constitutionality of Church Grants

The Supreme Court of New Jersey recently held oral arguments in two cases regarding whether the New Jersey Constitution bans government agencies from giving grants to local churches. The cases are Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders and American Civil Liberties Union of New Jersey v.

US Supreme Court Sides with Church in Grant Funding Suit

In Trinity Lutheran Church of Columbia, Inc. v. Carol S. Comer, Director, Missouri Department of Natural Resources, the U.S. Supreme Court held that the State of Missouri violated the U.S. Constitution when it denied a playground resurfacing grant to the Trinity Lutheran Church of Columbia based solely on its status

SCOTUS to Decide Whether Age Discrimination Law Applies to Small Public Employers

U.S. Supreme Court Expands NJ Public Schools’ Special Education Obligations

In Endrew F. v. Douglas County School District, the U.S. Supreme Court unanimously held that public schools are responsible for providing students with disabilities education programs that are “more than de minimis.” The Court’s decision significantly expands the obligations of New Jersey public schools under the Individuals with Disabilities Education

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Proposed Federal Bill Aims to Eliminate Chevron Deference

Congress is currently considering legislation that would dramatically alter administrative law by eliminating so-called “Chevron deference.” The House of Representatives passed the Separation of Powers Restoration Act of 2016 last year, and it is currently pending before the Senate Judiciary Committee. Chevron Deference Under the U.S. Supreme Court’s decision in

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

U.S. Supreme Court Wrap Up: Public Law Decisions from 2016 Term

The U.S. Supreme Court’s October 2016 Term will be most remembered for the vacancy created by the death of Justice Antonin Scalia. While the Court was shorthanded, it did reach decisions in several cases impacting local governments. This post offers a brief review of several key public law decisions: Heffernan

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Upcoming U.S. Supreme Court Cases Could Impact NJ Municipalities

The U.S. Supreme Court’s new term began earlier this month. The Justices have already agreed to consider several cases that could impact New Jersey municipalities. This post offers a brief preview.  Public Unions: In Friedrichs v. California Teachers Association, the Supreme Court will reconsider its long-standing precedent in Abood v.

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

NJ Court Awards $280K in Sanctions and Fees in SLAPP Litigation

A Hudson County Superior Court judge recently awarded more than $280,000 in attorneys’ fees and sanctions in a defamation lawsuit against three Hoboken bloggers. The decision in Bajardi v. Pincus highlights the costly consequences of filing a frivolous SLAPP (Strategic Lawsuits Against Public Participation) suit, which can often be used