The Supreme Court Follows Plain Statutory Language and Limits the “Good Faith Defense” Under the Wage and Hour Law

Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law (“WHL”) class action case reversed a summary judgment ruling for the defense, holding that the statute’s “good faith defense” ...

Former Rutgers Graduate Student Can Obtain His Own Student Records Under OPRA

Doe v. Rutgers, the State University of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). Today, the Appellate Division, speaking through Judge Sumners, issued a decision under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”). Plaintiff, formerly ...

Gubernatorial Pardon Dissolves Statutory Bar on Expungement of Convictions

In re Petition for Expungement of the Criminal Record Belonging to T.O., ___ N.J. ___ (2021). The first Supreme Court opinion of 2021, issued this morning, was authored by Chief Justice Rabner. The issue, as stated in the first sentence ...

The Appellate Division Declines to Follow an Outmoded Errors and Appeals Decision About Age-Related Lay Opinion Testimony

State v. Gerena, 465 N.J. Super. 548 (App. Div. 2021). Defendant was convicted of fourth degree lewdness. A statutory grading element of that offense is that one or more of the children whom witnesses testified were near defendant were under ...

The Passaic River Was Navigable at the Route 3 Bridge, Entitling an Injured Maritime Worker to Benefits

Wilson v. Director, Office of Workers Compensation Programs, United States Dep’t of Labor, ___ F.3d ___ (3d Cir. 2020). The final published opinion of the Third Circuit in 2020 was a case in which plaintiff, a maritime construction worker on ...

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other ...

Bar Pass Rates Remain Steady, Meaning That Committee on Character Cases Likely Will Too

The Supreme Court Clerk’s office announced that the pass rate for the most recent New Jersey Bar examination, administered in October, was 66.17%. That was almost identical to the pass rate for the July 2019 exam, which was 66.20% percent. ...

Absence of Expert Testimony Dooms Emotional Distress Claim

Clark v. Nenna, ___ N.J. Super. ___ (App. Div. 2020). After plaintiff broke his femur during a physical therapy session, he had surgery that stabilized his bone using screws and washers. The screw heads caused him discomfort, so he had ...

A (No) Charitable Immunity Anniversary

As 2005 neared its close, the Supreme Court decided Tonelli v. Wyckoff Tp. Bd. of Educ., 185 N.J. 438 (2005), on December 28 of that year. The case arose when plaintiff Virginia Tonelli, after watching her granddaughter play soccer on ...

Lite DePalma Greenberg, LLC Will Become Lite DePalma Greenberg & Afanador, LLC on January 1

It is a pleasure to announce here what is also being announced elsewhere: as of January 1, 2021, my firm, Lite DePalma Greenberg, LLC will become Lite DePalma Greenberg & Afanador, LLC. Our partner, Victor A. Afanador, will thus become ...