Larkins v. Solter, 450 N.J. Super. 519 (App. Div. 2017).  The Office of the State Comptroller (“OSC”) was established by the Legislature in 2007, in order to subject governmental financial activities to uniform, meaningful, and systematic public scrutiny.  N.J.S.A. 52:15C-1 ...

Stop & Shop Supermarket Co., LLC v. County of Bergen, 450 N.J. Super. 286 (App. Div. 2017).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA.  A successful OPRA ...

Reilly v. City of Harrisburg, 858 F.3d 173 (3d Cir. 2017).  This case involved claims by plaintiffs that an ordinance of the City of Harrisburg unconstitutionally deprived them of the ability to protest outside abortion clinics.  The District Court denied ...

Today’s seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal.  Judge Messano, who headed up the panel, began by stating that the panel hoped actiually to make this topic ...

New Jersey Division of Child Permanency & Protection v. J.L.G., 450 N.J. Super. 113 (App. Div. 2015), aff’d o.b., 229 N.J. 113 (2017).  This abuse and neglect case resulted in a 2-1 split in the Appellate Division.  Judge Simonelli, joined ...

Royal Tax Lien Services, LLC v. Shuaib, 2017 WL 1955269 (App. Div. May 11, 2017).  Rule 2:10-5 authorizes an appellate court to exercise “such original jurisdiction as is necessary to the complete determination of any matter on review.”  In comparison ...

Allstate Ins. Co. v. Northfield Medical Center, P.C., 228 N.J. 596 (2017).  After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30 (“IFPA”).  The violation arose from defendants’ use of “a ...

In re N.J.A.C. 12:17-2.1, 450 N.J. Super. 152 (App. Div. 2017).  Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare that a court finds such a regulation to be arbitrary ...

Holmes v. Jersey City Police Department, 449 N.J. Super. 600 (App. Div. 2017).  Today’s decision by Judge Reisner in this case under the Law Against Discrimination, N.J.S.A. 10:5-2 et seq. (“LAD”), arises from the fact that the Appellate Division previously ...

Fairfax Financial Holdings Limited v. SAC Capital Management, LLC, 450 N.J. Super. 1 (App. Div. 2017).  Judge Fisher often is able to write remarkably concise opinions, as shown (for example) here and here.  In this appeal, however, Judge Fisher set the ...