In re Petition for Referendum to Repeal Ordinance 2354-12 of West Orange Tp., 223 N.J. 589 (2015). This appeal involved the timeliness of a challenge to a bond ordinance for redevelopment work that was adopted by the Township of West ...
In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015). Many intermediate appellate courts frequently issue opinions that affirm on the basis of rulings by trial level judges. New Jersey’s Appellate ...
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 ...
As discussed here, a panel of the Third Circuit, by a 2-1 vote, had affirmed a decision of the District Court that had blocked New Jersey’s Sports Wagering Act, N.J.S.A. 5:12A-17, from going into effect. New Jersey sought en banc ...
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 ...
North Jersey Brain & Spine Center v. Aetna, Inc., 801 F.3d 369 (3d Cir. 2015). Judge Chagares’s concise opinion in this case today crystallized the issue near the outset. “The question presented on appeal is whether a patient’s explicit assignment ...
National Collegiate Athletic Ass’n v. Governor of the State of New Jersey, 799 F.3d 259 (3d Cir. 2015). In 2012, in an effort to aid Atlantic City, New Jersey passed the Sports Wagering Act, N.J.S.A. 5:12A-1 et seq. That law ...
Opderbeck v. Midland Park Bd. of Educ., 442 N.J. Super. 40 (App. Div. 2015). The Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 (“OPMA”), adopted in 1975, requires advance notice to the public of the “agenda, to the extent known” ...
Department of Children & Families v. E.D.-O., 223 N.J. 166 (2015). Child abuse and neglect cases are often heartbreaking. Branding a parent as abusive and neglectful is a hard step to take, but is sometimes necessary to protect the child. ...