NJ Supreme Court Rules Counties Can’t Charge Extra Title Fees for E-Filing

In New Jersey Land Title Association v. Dana Rone (A-82-18/082620) (Decided February 4, 2020), the Supreme Court of New Jersey held that county clerks and registers may not charge a convenience fee for electronic filing of documents concerning real property. The court did not issue a plenary opinion, but rather

NJ Supreme Court Rules Focus on Labels Clouded Analysis in Tenure Case

In Melnyk v. Board of Education of the Delsea Regional High School District (A-77-18/082354) (Decided January 30, 2020), the Supreme Court of New Jersey held that an instructional and tenure-eligible position did not become extracurricular and tenure ineligible simply because the teacher already held tenure in another position. According to

NJ Supreme Court Hears Oral Arguments in Cell Phone Privacy Case

The Supreme Court of New Jersey recently heard oral arguments in a closely-watched Fifth Amendment case. The issue in State v. Andrews is whether the defendant can be forced to turn over the passcode for his encrypted iPhone. During oral arguments, Justice Barry Albin acknowledged that the case “could cause the court

Federal Court Rejects Post-Janus Lawsuits Over Union Dues

A federal district court has dismissed a suit by several non-union New Jersey teachers seeking to recoup their union dues in the wake of the U.S. Supreme Court’s landmark decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31. The court also rejected arguments that teachers are

NJ Supreme Court to Determine Whether Adverse Employment Action Is Necessary to Support NJLAD Claim

The Supreme Court of New Jersey has agreed to consider Mary Richter v. Oakland Board of Education. The question before the court is whether the Appellate Division erred in finding that a diabetic teacher who suffered injuries after her blood sugar dropped on the job could pursue her disability discrimination

NJ Supreme Court to Address Good-faith Defense Wage Law

The Supreme Court of New Jersey recently agreed to consider Elmer Branch v. Cream-o-Land Dairy. The closely-watched employment case involves the good-faith defense under the New Jersey Wage and Hour Law (WHL). Facts of Elmer Branch v. Cream-o-Land Dairy On November 29, 2016, plaintiff Elmer Branch filed a putative class

NJ Supreme Court to Address Limits of Sixth Amendment Right to Counsel

The New Jersey Supreme Court recently granted certification in State v. Luis A. Maisonet. The case involves the extent of the right to counsel under the Sixth Amendment. The Sixth Amendment, applicable to the states by virtue of the Fourteenth Amendment, ensures a defendant in a criminal prosecution shall enjoy