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

NJ Supreme Court Tackles Duty to Warn in Closely-Watched Asbestos Case

The New Jersey Supreme Court recently heard oral arguments in Whelan v. Armstrong International, which is predicted to have a significant impact on product liability law. The case involves whether a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the

NJ Supreme Court to Decide Fate of Newark’s Civilian Complaint Review Board

The Supreme Court of New Jersey has agreed to consider Fraternal Order of Police Newark Lodge No. 12 v. City of Newark. The case involves the legality of Newark’s civilian complaint review board, which was established to investigate allegations of police misconduct. Facts of Fraternal Order of Police Newark Lodge No. 12 v. City of Newark The City of Newark enacted an ordinance

NJ Supreme Court to Address Indemnification of County Prosecutors

The Supreme Court of New Jersey recently agreed to hear Christopher J. Gramiccioni v. Department of Law and Public Safety. The case involves whether the Attorney General’s Office was required to indemnify the Monmouth County Prosecutor’s Office over a wrongful death lawsuit brought by the estate of a woman killed by

NJ Supreme Court Rejects Retroactive Application of Megan’s Law

In the Matter of Registrant, G.H. and G.A., (A-38-18/081737)(Decided October 29, 2019), the Supreme Court of New Jersey held that a provision of Megan’s Law that requires some sex offenders to register for life does not apply retroactively. Facts of Matter of Registrant, G.H. and G.A. Registrants G.H. and G.A.