Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...
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 ...
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 ...
Kirkpatrick v. Hidden View Farm, 448 N.J. Super. 165 (App. Div. 2017). A boy who tagged along with his mother to a horse farm but did not himself take part in any horse-related activity there was barred from suing when ...
Polsky v. United States, 844 F.3d 170 (3d Cir. 2016). Plaintiffs are the parents of a permanently disabled daughter. They claimed a child tax credit on two years’ federal tax returns. The Internal Revenue Service disallowed that claim, on the ...
State v. Morrison, 227 N.J. 295 (2016). In today’s unanimous opinion by Justice Albin, the issue was whether a volunteer emergency medical technician (“EMT”) is a “public servant” who can be charged with official misconduct under N.J.S.A. 2C:30-2(a). This was ...
Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016). Plaintiff and defendant cohabited for eight years, were married for a short time, and then divorced. Before and during the marriage, plaintiff had been a salaried employee of a consulting business, for which ...
Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016). 28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals for resolution. The Court of Appeals must consent to decide ...
Warren v. Muenzen, 448 N.J. Super. 52 (App. Div. 2016). A 2009 amendment to the Survivor Act, N.J.S.A. 2A:15-3, included language that “[e]very action brought under this chapter shall be commenced within two years of the death of the decedent, and ...
Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016). This was an auto accident case. At trial, the jury was allowed to consider in the comparative negligence mix not only defendant’s negligence but that of a John Doe defendant ...