Caliendo v. Velez, ___ N.J. Super. ___ (App. Div. 2012).  N.J.A.C. 10:41-3.2(b) is a Department of Human Services regulation that provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be relesaed only ...

Des Champs Laboratories, Inc. v. Martin, 427 N.J. Super. 84 (App. Div. 2012).  This opinion by Judge Sabatino, for a unanimous Appellate Division panel, may lead to one of the most important Supreme Court decisions in years in the areas of administrative and environmental law.  The panel held that ...

US Bank, N.A. v. Hough, 210 N.J. 187 (2012).  There seems to be infinite room for judges, or Justices, to disagree about how to interpret statutes or regulations.  Sometimes, there are differences even where the administrative agency that promulgated the regulations has weighed in. In ...

New Jersey Ass’n of School Adminstrators v. Schundler, 211 N.J. 535 (2012).  This case required the Supreme Court to parse and reconcile an unusually complex scheme of statutes and regulations that dealt with benefits available by contract to high-level school administrators.  In ...

Township of Neptune v. New Jersey Dep’t of Environmental Protection, 425 N.J. Super. 422 (App. Div. 2012).  The Township of Neptune sued the DEP in the Law Division for an order requiring the DEP to perform certain dredging of a waterway and ...

Lord v. Board of Review, 425 N.J. Super. 187 (App. Div. 2012).  Did an employee who accepted his employer’s directive that he “had to resign” leave his job “voluntarily” so as to disqualify him from receiving unemployment benefits under N.J.S.A. 43:21-5(a)?  That was ...

On this date in 1986, the Supreme Court decided Hills Dev. Co v. Bernards Tp., 103 N.J. 1 (1986).  At the time, it was one of the Court’s most important decisions, both in terms of land use law and in ...

New Jersey Dental Ass’n v. Metropolitan Life Ins. Co., 424 N.J. Super. 160 (App. Div. 2012).  Many cases have rightly held that, under New Jersey’s liberal standing rules, organizations have standing to sue on behalf of their members.  This opinion, written by ...

Nordstrom v. Lyon, 424 N.J. Super. 80 (App. Div. 2012).  William “Hank” Lyon was a media star last year.  In his early 20’s, and a newcomer to the political scene, Lyon ran for Morris County Freeholder (or, as his campaign materials put it, “for ...

State v. Heine, 424 N.J. Super. 48 (App. Div. 2012).  Ellen Heine, the owner of a property in Garfield, was found guilty in municipal court of violating provisions of the Garfield property maintenance code.  In separate proceedings, Heine was convicted of violating a provision of the ...