Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

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

NJ Appeals Court Clarifies Elements of NJCRA Claim

NJ Appeals Court Clarifies Elements of NJCRA Claim

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

NJ Appeals Court Upholds Disqualification for $500 Pay-to-Play Violation

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.

Government edicts doctrine

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

Proposed NJ Bill Bans Third Party Tax Appeals

Proposed NJ Bill Bans Third Party Tax Appeals

New Jersey lawmakers are currently considering legislation that would prohibit third parties from filing property tax appeals with respect to the property of others. Bills have been introduced in both the Senate and the Assembly. Under current law, property taxpayers may challenge the assessment or exempt status of their own

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

In a recent decision, the Appellate Division clarified when parties have standing to challenge a site plan approval. The appeals court ultimately concluded that the challengers lacked standing because they lacked an ownership interest or other financial interest in the neighboring property, which formed the basis of their claim of standing.

Bill Transfers Transfer Management of PFRS to Board of Trustees 

New Jersey lawmakers are currently considering legislation that would transfer the management of the Police and Fire Retirement System (PFRS) to a Board of Trustees. Under Senate Bill 3040, the Board of Trustees of the Police and Firemen’s Retirement System would be tasked with overseeing the operation of the retirement