Bacon v. New Jersey State Dep’t of Education, 443 N.J. Super. 24 (App. Div. 2015).  Many of us know about so-called “Abbott school districts,” districts in economically distressed urban areas that are named for the Abbott v. Burke cases, which ...

Conley v. Guerrero, 443 N.J. Super. 62 (App. Div. 2015).  As a result of a settlement in New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Bds., 93 N.J. 470 (1983), mod., 94 N.J. 449 (1983), contracts for ...

Reyes v. Netdeposit, LLC, 802 F.3d 469 (3d Cir. 2015).  Sometimes things slip through the cracks.  This opinion by Chief Judge McKee was issued on September 2, but only now is it being discussed here.  This was a RICO class ...

Barr v. Bishop Rosen & Co., Inc., 442 N.J. Super. 599 (App. Div. 2015).  Both before and after Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), cert. denied, 135 S.Ct. 2804 (2015), New Jersey’s appellate courts have ...

Jacoby v. Englewood Cliffs Bd. of Adj., 442 N.J. Super. 450 (App. Div. 2015).  At least since North Bergen Action Group v. North Bergen Tp. Planning Bd., 122 N.J. 567 (1991), height variances have been a source of some puzzlement.  ...

Gately v. Hamilton Memorial Home, Inc., 442 N.J. Super. 542 (App. Div. 2015).  Apart from funeral directors, their attorneys, and a small number of  judges, it’s likely that few people know that funeral directors are given qualified immunity from certain ...

Williams v. Borough of Clayton, 442 N.J. Super. 583 (App. Div. 2015).  N.J.S.A. 40A:14-129 and -130 mandate that an officer seeking promotions to “superior position[s]”in police departments in smaller municipalities (that is, those not designated as “first class” or “second ...

Hassan v. City of New York, 804 F.3d 277 (3d Cir. 2015).  This opinion by Judge Ambro yesterday is one of the most important decisions that the Third Circuit has made in some time.  The case involves New York City ...

Cashin v. Bello, 223 N.J. 328 (2015).  The cardinal principle of statutory interpretation is that plain language controls and ends the need for any further inquiry.  In this opinion by Justice Fernandez-Vina, speaking for a unanimous Supreme Court, the issue ...

In re Revel AC, Inc., 802 F.3d 558 (3d Cir. 2015).  “We seldom focus on how to balance the four factors that determine whether to grant a stay pending appeal despite the practical and legal importance of these procedural standstills.  ...