American Civil Liberties Union of New Jersey v. Hendricks, 445 N.J. Super. 452 (App. Div. 2016).  In 1978, the Supreme Court decided Resnick v. East Brunswick Bd. of Educ., 77 N.J. 88 (1978).  That case found it unconstitutional for public ...

Robertelli v. New Jersey Office of Attorney Ethics, 224 N.J. 470 (2016).  As today’s decision by Chief Justice Rabner describes in exquisite detail, the Supreme Court has established two different bodies to regulate attorneys:  the District Ethics Committees (“DECs”) and ...

In re County of Atlantic, 445 N.J. Super. 1 (App. Div. 2016).  The Public Employment Relations Commission (“PERC”) is a state agency that is charged by the Legislature with implementing the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -39 ...

In re Enforcement of New Jersey False Claims Act Subpoenas, 444 N.J. Super. 566 (App. Div. 2016).  The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -15, -17, and -18 (“NJFCA”), encourages private parties to file, under seal, qui tam ...

Silviera-Francisco v. Elizabeth Bd. of Educ., 224 N.J. 126 (2016).  “Whether a trial court order is final or interlocutory has bedeviled courts and attorneys for decades.”  So said Judge Cuff in her opinion for the Court today in this matter, ...

Sixty-five years ago today, on November 20, 1950, the Supreme Court decided Fischer v. Bedminster Tp., 5 N.J. 534 (1950).  That opinion, written by Justice Heher, contains one of the earliest and best post-1947 Constitution expositions of the action in ...

In re Implementation of L. 2012, c. 24, 443 N.J. Super. 73 (App. Div. 2015).  The Solar Act of 2012 (“the Act”), chapter 24 of the Laws of 2012, amended prior legislation to encourage the installation of solar energy projects ...

Bacon v. New Jersey State Dep’t of Education, 443 N.J. Super. 24 (App. Div. 2015).  Many of us know about so-called “Abbott school districts,” districts in economically distressed urban areas that are named for the Abbott v. Burke cases, which ...

Jacoby v. Englewood Cliffs Bd. of Adj., 442 N.J. Super. 450 (App. Div. 2015).  At least since North Bergen Action Group v. North Bergen Tp. Planning Bd., 122 N.J. 567 (1991), height variances have been a source of some puzzlement.  ...

In re Probation Ass’n of New Jersey, 442 N.J. Super. 185 (App. Div. 2015).  N.J.S.A. 34:13A-5.4(b)(1) prohibits interference with a right guaranteed by the Employer-Employee Relations Act, and the Act explicitly protects the right to ‘assist’ in a labor organization.  ...