Recently proposed legislation could reduce the legal costs of New Jersey municipalities. Assembly Bill Number 2997 would eliminate awards of punitive damages against municipalities as well as employees of municipalities acting within the scope or under color of their office, employment, or agency. In a civil lawsuit, compensatory damages are
Under the New Jersey Tort Claims Act, the standard of liability applied to a public entity depends on whether it exercised discretionary decision-making or performed ministerial acts. In Henebema v. South Jersey Transportation Authority, the Appellate Division considered whether a judge or jury should resolve that threshold dispute. The distinction
The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality
In an interesting legal twist, the Borough of Pine Hill is seeking to shift liability for the release of confidential information to the individual who requested it under New Jersey’s Open Public Records Act. The municipality has filed a motion to add the requester, John Schmidt, as a third-party defendant.
Legislation is currently pending in both houses of the New Jersey Legislature that would eliminate the statute of limitations on civil actions for sexual abuse. While we certainly do not question the intent of these bills, New Jersey municipalities should be aware of the potential legal consequences. The current statute