In re Hess, 422 N.J. Super. 27 (App. Div. 2011).  Suzanne Hess was employed as a Geographic Information Specialist by the New Jersey Office of Information Technology.  She filed an application for a deferred retirement allowance, to be effective in 2019, after her ...

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489 (2011).  The New Jersey State League of Municipalities (“the League”) is an entity created under N.J.S.A. 40:48-22 that represents all 566 New Jersey municipalities.  The League lobbies for ...

Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011).  Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet by a fellow student-athlete at the school.  Holy Spirit High ...

Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011).  N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act (“FFA”), requires a lender who plans to foreclose on a mortgage to serve a notice of intention on the borrower.  The ...

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011).  North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that “the people and places [a public official] calls on a telephone” were exempt from ...

Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011).  The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), makes liable any “person” who violates the CFA.  In this case, a unanimous Supreme Court, speaking through Justice Hoens, held ...

Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011).  Out of the lengthy procedural history of this land use matter comes the simple message that statutes are not to be read with excessive literalness where ...

Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011).  Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on a home improvement job mean that the homeowner cannot sue ...

Kovalcik v. Somerset County Prosecutor’s Office, 206 N.J. 581 (2011).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), makes “government records,” as broadly defined in OPRA, generally accessible.  However, the right of access is not unlimited, and OPRA contains various exceptions to disclosure.  Among ...

Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011).  Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5.  Both cases ultimately involved the question of whether reading the statute literally ...