Category: NJ Supreme Court Reporter

New Jersey Supreme Court Rules AG Not Required to Indemnify County Police Officers

In Kaminskas v. State (NJ, 2019) the Supreme Court of New Jersey held that each county — not the Attorney General — is responsible for defending and potentially indemnifying its police officers. The court’s decision was unanimous. Legal Background  The New Jersey Tort Claims Act governs the defense and indemnification

New Jersey Supreme Court Strikes Down Consumer Arbitration Agreement

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

time of application

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

OPMA

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

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

OPMA

NJ Supreme Court Rules Public Auction Records Subject to OPRA

In William J. Brennan v. Bergen County Prosecutor’s Office, the Supreme Court of New Jersey held that the state’s Open Public Records Act (OPRA) compels the disclosure of documents including the names and addresses of persons who successfully bid at an auction of public property. The court’s decision is particularly

OPMA

NJ Supreme Court Leaves Door Open for DJA Involving OPRA Requests

In a recent decision, the Supreme Court of New Jersey opened the door for records custodians to go on the offensive in response to requests under the state’s Open Public Records Act (OPRA). In In the Matter of the New Jersey Firemen’s Association Obligation to Provide Relief Applications Under the

Kaminskas

NJ Supreme Court Orders Release of Dash Cam Video in OPRA Case

The Supreme Court of New Jersey recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the common law right of access. The court further held in North Jersey Media Group, Inc. v. Township of Lyndhurst that unredacted Use of