NJ Supreme Court Leaves Door Open for DJA Involving OPRA Requests

In a recent decision, the Supreme Court of New Jersey opened the door for records custodians to go on the offensive in response to requests under the state’s Open Public Records Act (OPRA). In In the Matter of the New Jersey Firemen’s Association Obligation to Provide Relief Applications Under the

NJ Appeals Court Clarifies When Fund in Court Exception Applies

In Grabowsky v. Twp. of Montclair, the Appellate Division clarified when the fund in court exception applies, which alters the general rule that litigants bear their own litigation costs regardless of who prevails. The court held that because no litigation fund was ever created and taxpayers would ultimately bear the expense

NJ Supreme Court Orders Release of Dash Cam Video in OPRA Case

The Supreme Court of New Jersey recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the common law right of access. The court further held in North Jersey Media Group, Inc. v. Township of Lyndhurst that unredacted Use of

NJ Supreme Court to Determine Constitutionality of Church Grants t

The Supreme Court of New Jersey recently agreed to consider whether the New Jersey Constitution bans a county government from giving historic preservation grants to local churches. The case is Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders.  The suit, which was brought by the Freedom From

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

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

NJ Supreme Court Overturns Arbitration Award in Teacher Misconduct Case

In Bound Brook Board of Education v. Glenn Ciripompa, the Supreme Court of New Jersey held that an arbitrator exceeded his authority by applying the standard for proving a hostile-work-environment, sexual-harassment claim under the Law Against Discrimination (LAD) to a claim of unbecoming conduct in a tenured teacher misconduct hearing.  Facts