The Assembly recently passed legislation that would prohibit public agencies from incorporating confidentiality provisions into settlement agreements with a whistleblower. Assembly Bill No. 4243 also provides that such settlements constitute public records. Assemblyman John McKeon introduced the bill in response to a settlement agreement in which the state agreed to
The Appellate Division recently held that the City of Elizabeth (City) and Elizabeth Board of Education (BOE) are immune from liability under the New Jersey Tort Claims Act (TCA) for injuries sustained by a child who was struck by a motor vehicle while crossing the street near a municipal park
A New Jersey Court recently ruled that a volunteer Fire Company is subject to the state’s Open Public Records Act. In Justin D. Lamb v. Lavallette Volunteer Fire Company, No. 1, et al., the court held that in the absence of a designated record custodian, it was appropriate for the
U.S. Supreme Court Justice Neil Gorsuch is not the only vocal critic of the Supreme Court’s 1984 decision in Chevron v. Natural Resource Defense Council. In a recent decision, a judge sitting on the Third Circuit Court of Appeals raised concerns about the appeal court’s reliance on Chevron deference to resolve an employment
In a recent decision, the Appellate Division of the New Jersey Superior Court clarified that familial and social affiliations do not qualify as the constitutionally protected conduct required to make a claim under the New Jersey Civil Rights Act (NJCRA). In Lapolla v. County of Union, the plaintiff alleged that
The New Jersey Legislature recently passed a bill that prohibits public institutions of higher education from using state funds in excess of $10,000 to pay fees to speakers, including but not limited to commencement speakers. The legislation now heads to Governor Christie. The proposed bill (Senate Bill Number 2355) is
In a recent decision, the Appellate Division of the New Jersey Superior Court affirmed agency decisions rescinding approximately $7 million in state contracts to a local paving company. As a result of the $500 political donation, the company was also disqualified from any state contract through the remainder of Gov.
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
