SCOTUS to Decide If Government Agencies Can Challenge Patents Under AIA

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

NJ Teachers’ Lawsuit Challenges Workplace Democracy Enhancement Act Under Janus

Two New Jersey teachers have filed a lawsuit challenging the Workplace Democracy Enhancement Act. The complaint against Gov. Phil Murphy, the New Jersey Education Association (NJEA), and Township of Ocean Education Association alleges that the law violates the teachers’ First Amendment rights in light of the U.S. Supreme Court’s decision in Janus

Prompt Payment Act Amendment Means School Districts and Local Governments Must Now Pay Interest for Late Payments to Vendors

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

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

One of the first cases considered by the U.S. Supreme Court this term is of particular interest to New Jersey public employers. The issue before the Court is whether the Age Discrimination in Employment Act (ADEA) exempts political subdivisions of a state with less than 20 employees from the Act’s protections.  The

U.S. Supreme Court Asked to Consider NJ Church Grant Case

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

New Law Authorizes NJ Counties to Change Tax Assessment Calendar

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

NJ Appeals Court Upholds Ordinances Imposing Landlord Fees

In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay

NJ Appeals Court Uphold Municipality’s Age Restrictions for Development Project

In AvalonBay Communities, Inc. v. Township of South Brunswick Zoning Board of Adjustment, the Appellate Division held that the South Brunswick Zoning Board of Adjustment (Board) properly denied a developer’s application for a use variance. The appeals court agreed that AvalonBay Communities, Inc. (Avalon Bay) had failed to provide any