No “Dead End” for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018).  The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983.  In Tumpson v. ...

In Rare Cases, Attorneys’ Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018).  Near the start of his opinion in this case, Chief Judge Smith observed that “[a]ttorneys’ fees and costs are typically not awarded when a matter is voluntarily dismissed with ...

The Supreme Court Will Take Up a DNA Case

The Supreme Court has added one more case to its docket.  That case is State v. Camey, in which the Court granted leave to appeal.  The question presented, as phrased by the Supreme Court Clerk’s Office, is “Was DNA evidence ...

The Common Law Continues to Evolve, and a Tort Duty May Consequently be Expanded

G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018).  An emergency medical technician (“EMT”), designated as “Kenneth” in today’s opinion by Judge Fisher, engaged in an unlawful sexual relationship with plaintiff (designated as “Georgia”), who was then just fifteen ...

Rice Letters, and Making Meeting Minutes of Public Bodies “Promptly Available,” Under the Open Public Meetings Act

Kean Federation of Teachers v. Morell, 233 N.J. 566 (2018).  Yesterday’s opinion by Justice LaVecchia reversed in part and affirmed as modified a decision of the Appellate Division that was reported at 448 N.J. Super. 520 (App. Div. 2017), and ...

Mark Neary, Clerk of the Supreme Court, Will Retire

Mark Neary, who has served as Clerk of the Supreme Court for over nine years, will retire in November of this year.  A search is on for his replacement. A graduate of Princeton University and Rutgers-Newark School of Law (Class ...

Appellate Division Retirements (All Non-Mandatory) Are in the Offing

At last night’s NJSBA Appellate Practice Committee meeting, it was announced that three judges of the Appellate Division will be retiring shortly.  They are Judges Carroll, Leone, and Manahan.  Each of those judges are some years short of age 70, ...

“Time of Application” Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018).  In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of ...

Municipal Official Whose Appointment Was Ultra Vires and Void Must Disgorge the Pay He Received

City Council of the City of Orange v. Edwards, 455 N.J. Super. 261 (App. Div. 2018).  Willis Edwards III, the subject of today’s decision by Judge Currier, is a former member of the New Jersey Legislature, a professor who has ...

Foreclosure Judgment Affirmed “In Spite of Certain Irregularities”

Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018).  In the usual foreclosure case, the same entity owns both the note and the related mortgage.  The facts of today’s opinion by Judge Koblitz, however, were that the ...