A.Z. v. Higher Education Student Assistance Authority, 427 N.J. Super. 389 (App. Div. 2012). As this opinion by Judge Ostrer describes, though administrative agency regulations are entitled to a presumption of validity, and to deference when those regulations or their ...
In Shelton v. Restaurant.com, Inc., the Supreme Court of New Jersey took the relatively rare step of accepting questions certified to it by the Third Circuit Court of Appeals. That occurrence was discussed here. The case was argued before the ...
Trautmann v. Christie, 211 N.J. 300 (2012). “Kyleigh’s Law” requires teenage drivers to place an identifying marker on their cars. That law displeased some, particularly the affected drivers and their families. One such objector sued, challenging the law as unconstitutional ...
Stancil v. ACE USA, ___ N.J. ___ (2012). “In this matter, we are asked to create a common law cause of action that would permit an injured employee, who is separately entitled to workers’ compensation benefits, to sue his employer’s ...
McDougall v. Lamm, 211 N.J. 203 (2012). In Portee v. Jaffee, 84 N.J. 88 (1980), the Supreme Court established limited circumstances under which a person who observes the negligently-caused death or serious injury of another person with whom that person ...
The Supreme Court has approved amendments to a number of Court Rules. The amendments take effect on September 1, 2012. The changes to the appellate rules fall into four general categories. A number of them are in accordance with recommendations ...
Racing to meet an August 2 deadline for putting on the November ballot a proposal to amend the New Jersey Constitution in response to the Supreme Court’s decision in DePascale v. New Jersey, both houses of the Legislature voted today ...
In re Challenge of New Jersey State Funeral Directors Association to Certain N.J.A.C. Amendments, 427 N.J. Super. 268 (App. Div. 2012). This case involved a challenge to amendments to administrative regulations promulgated by the State Board of Mortuary Science. In ...
McGovern v. Rutgers, The State University, 211 N.J. 94 (2012). Plaintiff complained that the Board of Governors of Rutgers, The State University, violated the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 (“OPMA”), in connection with a special meeting on November 10, ...
DePascale v. State of New Jersey, 211 N.J. 40 (2012). Article VI, section 6, paragraph 6 of the New Jersey Constitution states that “[t]he Justices of the Supreme Court and the Judges of the Superior Court shall receive for their ...