In Moody v. Atlantic City Board of Education, the Third Circuit Court of Appeals reinstated a sexual harassment suit against the Atlantic City Board of Education. The federal appeals court held that the district court erred in concluding that the alleged harasser was not the plaintiff’s supervisor. Facts of the
A New Jersey appeals court recently confirmed that the state’s Tort Claims Act (“TCA”) shields the New Jersey Turnpike Authority (“Turnpike Authority”) from any liability in a wrongful death lawsuit where a tree fell onto a vehicle traveling on the highway causing the death of two individuals. According to the
Resolving a split in the federal courts in New Jersey and Pennsylvania, the Third Circuit Court of Appeals recently held that state universities are entitled to Sovereign Immunity protections in discrimination law suits. The decision in Maliandi v. Montclair State University found that Montclair State University (MSU) is entitled to
As we approach the New Year, we will be reviewing the major public law issues that impacted public entities in New Jersey. In the area of public employment law, 2016 saw a number of legal developments, including new laws and precedential court decisions. DOL Overtime Law: A federal judge is
As the year winds down, we will be taking a look back at the public law issues that impacted New Jersey municipalities. With regard to the state’s Open Public Records Act (OPRA), there were a number of legal developments, several of which involved the increased use of technology. In case
With the holidays around the corner, festive displays of Christmas trees, colored lights, menorahs, nativities, reindeer, and snowmen will soon be popping up across New Jersey. While private property owners can decorate as they wish, public entities must be mindful of the constitutional separation of church and state. Under the
Gov. Chris Christie has signed an executive order that will help New Jersey municipalities move forward with dune construction, beach replenishment, and other flood risk reduction measures in the wake of Hurricane Sandy. The action is intended to facilitate the acquisition of privately owned land that is needed to complete
The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the
