State v. Shelley, 205 N.J. 320 (2011). Statutory interpretation questions pop up endlessly. In this case, defendant was accused of selling cocaine within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, which criminalizes drug sales “while on any school property used for school purposes ...
For years after the adoption of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), it was unclear whether a violation of a regulation promulgated under the authority of the CFA gave rise to liability in the absence ...
Trautmann v. Christie, 418 N.J. Super. 559 (App. Div. 2011). In 2009, the Legislature passed a law that required drivers who have learner’s permits or probationary licenses to display a special decal on their cars. The Motor Vehicle Commission applied that requirement only to drivers ...
McGovern v. Rutgers, The State University, 418 N.J. Super. 458 (App. Div. 2011). New Jersey’s Sunshine Law, also known as the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, is the focus of this opinion by Judge Baxter. The Appellate Division concluded ...
Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law (“MLUL”) are not often bedfellows in the same case. This case is one of those times. The Appellate Division, in ...
Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act (“ADA”), a federal statute, by definition applies nationwide. As a result, the Third Circuit’s decision in this case, which involves a complaint that portions of the public ...
AMB Property, LP v. Penn America Ins. Co., 418 N.J. Super. 441 (App. Div. 2011). The plaintiff’s warehouse tenant, Mystic, obtained a liability insurance policy from the defendant, through the defendant’s agent, Jimcor. Imperial, a third party agent of Mystic, agreed to pay the policy premiums in ...
In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011). The Council on Affordable Housing (“COAH”) denied approval of a regional contribution agreement (“RCA”) between Galloway and Bridgeton. The basis for ...
Stancil v. ACE USA, 418 N.J. Super. 79 (App. Div. 2011). A series of articles in The Star-Ledger in April 2008 exposed a pervasive problem of insurance companies flouting the orders of Workers’ Compensation judges that required the insurers to pay for ...
G.D. v. Kenny, 205 N.J. 275 (2011). A political campaign flyer charged that a candidate had as an aide “a DRUG DEALER who went to JAIL for FIVE YEARS for selling coke near a public school.” That assertion was not completely accurate. ...