Acevedo v. Flightsafety International, Inc., 449 N.J. Super. 185 (App. Div. 2017).  In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division to offset a back pay award under the New Jersey ...

175 Executive House, LLC v. Miles, 449 N.J. Super. 197 (App. Div. 2017).  A tenant who receives a rent subsidy under the federal “Section 8” voucher program, 42 U.S.C. §1437 to 1437z-9, cannot be evicted for non-payment of amounts not defined ...

Roach v. BM Motoring, LLC, 228 N.J. 163 (2017).  Plaintiffs bought used cars from defendants.  In connection with those purchases, plaintiffs signed Dispute Resolution Agreements (“DRA’s”) that required any disputes to be arbitrated “in accordance with the rules” of the ...

Wolens v. Morgan Stanley Smith Barney, LLC, 449 N.J. Super. 1 (App. Div. 2017).  In the opening paragraph of his opinion for the Appellate Division today, Judge Sabatino encapsulated virtually this entire case: “Plaintiff Kathleen Wolens appeals the trial court’s ...

Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017).  As a public body, Kean University’s Board of Trustees is subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 to,-21 (“OPMA”).  This decision by Judge Fuentes addressed ...

Givaudan Fragrances Corp. v. Aetna Cas. & Surety Co., 227 N.J. 322 (2017).  Today’s opinion by Justice LaVecchia, a 6-0 ruling (Justice Albin did not participate) aligned New Jersey with the majority of jurisdictions on an issue of insurance law.  ...

Scheeler v. Office of the Governor, 448 N.J. Super. 333 (App. Div. 2017).  In these consolidated appeals, plaintiffs each sent requests under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), to various public agencies.  Those requests all sought ...

In re Horizon Healthcare Services Inc. Data Breach Litig., 846 F.3d 625 (3d Cir. 2017).  [Dislcosure:  My firm, Lite DePalma Greenberg, LLC, is co-lead counsel for the successful plaintiffs in this appeal].  Horizon Healthcare Services, Inc. (“Horizon”) provides health care ...

Tisby v. Camden Cty. Correctional Facility, 448 N.J. Super. 241 (App. Div. 2017).  Plaintiff, a corrections officer at the defendant correctional facility(“CCCF”) since 2002, became a Muslim in 2015.  She began to wear a khimar (also known as a hijab), ...

Coleman v. Superintendent Greene SCI, 845 F.3d 73 (3d Cir. 2017).  Today, Judge Hardiman, writing for the Third Circuit in a habeas corpus case, addressed the weight to be given to dicta from the Supreme Court of the United States.  ...