McDade v. Siazon, 208 N.J. 463 (2011).  Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of claim within ninety days of the accrual of the cause ...

The Salt & Light Company, Inc. v. Willingboro Tp. Bd. of Adj., ___ N.J. Super. ___ (App. Div. 2011).  Normally, in considering whether to grant a use variance, boards of adjustment are supposed to weigh the “special reasons” for the ...

Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011).   The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), seeking to obtain from the New Jersey ...

Animal Protection League of New Jersey v. New Jersey Dep’t of Environmental Protection, 423 N.J. Super. 549 (App. Div. 2011).  With the coming of this season often comes an effort by the State of New Jersey to conduct a bear hunt, and ...

On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State’s motion for a stay pending the appeal, now before the Supreme Court on direct certification, of the Law Division’s ruling against the State ...

Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011).  For many years, a large General Motors assembly plant occupied a 47.5 acre site in Linden.  Eventually, General Motors closed that plant.  The property sat ...

Dugan v. TGI Friday’s, 2011 WL 5041391 (App. Div. Oct. 25, 2011).   Plaintiff bought a beer at the bar of a TGI Friday’s restaurant and was charged $2.00.  She then moved to a table, ordered another of the same beer, and ...

Santos-Reyes v. United States, 660 F.3d 196 (3d Cir. 2011).  Under 8 U.S.C. §1229b(a), an alien who could otherwise be deported from the United States can have the deportation cancelled if the alien “has resided in the United States continuously for 7 ...

Jacobson v. United States, 422 N.J. Super. 561 (App. Div. 2011).  It is not often that the United States is a party in a state court case.  This matter involved a claim against the Social Security Administration for failure to withhold disability ...

Baskett v. Cheung, 422 N.J. Super. 377 (App. Div. 2011).  The facts of this case, detailed in the opinion of Judge Harris for this appellate panel, were about as egregious as they come.  Plaintiffs’ original counsel had an internal office communications snafu, resulting ...