State v. Lenihan, 427 N.J. Super. 499 (App. Div. 2012). Would it not seem “obvious” that N.J.S.A. 39:3-76.2f, New Jersey’s “seatbelt law,” is intended to protect the public health and safety? A Law Division judge found that “obvious.” But that ...
Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits. The ...
A.Z. v. Higher Education Student Assistance Authority, 427 N.J. Super. 389 (App. Div. 2012). As this opinion by Judge Ostrer describes, though administrative agency regulations are entitled to a presumption of validity, and to deference when those regulations or their ...
In re Challenge of New Jersey State Funeral Directors Association to Certain N.J.A.C. Amendments, 427 N.J. Super. 268 (App. Div. 2012). This case involved a challenge to amendments to administrative regulations promulgated by the State Board of Mortuary Science. In ...
McGovern v. Rutgers, The State University, 211 N.J. 94 (2012). Plaintiff complained that the Board of Governors of Rutgers, The State University, violated the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 (“OPMA”), in connection with a special meeting on November 10, ...
Makutoff v. Board of Review, 427 N.J. Super. 218 (App. Div. 2012). Plaintiff, a Canadian citizen, was employed in this country under a limited work authorization issued by the Department of Homeland Security(“DHS”) pursuant to the North American Free Trade ...
Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection (“PIP”) insurance through plaintiff (“Selective”). The patients assigned their right to insurance benefits to defendants so that defendants could get paid ...
Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012). Should child support change because the child has begun to live on campus at a college? Judge Lihotz, writing for the panel in this case, ruled that “attendance at college is a ...
In re Kollman, Jr., Petition for Expungement, 210 N.J. 557 (2012). “To afford a second chance to one-time offenders convicted of less serious offenses, who have led law-abiding lives since conviction, the Legislature enacted a law that allows certain records to be ...
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 ...