American Civil Liberties Union of New Jersey v. New Jersey Div. of Criminal Justice, 435 N.J. Super. 533 (App. Div. 2014).  Plaintiff ACLU filed an Open Public Records Act (“OPRA”) request with defendant Division of Criminal Justice.  That request sought ...

In re Grant of Charters to Merit Preparatory Charter School and Newark Preparatory Charter School, 435 N.J. Super. 273 (App. Div. 2014).  Charter schools are the subject of much controversy.  In this case, the Commissioner of Education issued charters to two schools, Merit ...

New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014).  Impoverishment does not equal child neglect.  That is the conclusion of this opinion by Judge Koblitz.  The Appellate Division reversed a finding by ...

Hersh v. County of Morris, 217 N.J. 236 (2014).  It is traditional for a new Justice’s first opinion to be a unanimous, relatively uncontroversial one.  Yesterday, Justice Fernandez-Vina issued his first opinion for the Court in this workers’ compensation case.  ...

Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014).  The Workers Compensation Act, N.J.S.A. 34:15-1 to -142 (“the Act”), contains an “anti-fraud” provision in N.J.S.A. 34:15-57.4.  Under that provision, a person who “purposely or knowingly makes, when making a claim for benefits ...

Today witnessed the latest event in the ongoing saga regarding third round rules for low and moderate-income housing to be adopted by the Council on Affordable Housing (“COAH”).  As discussed here, on March 7, the Appellate Division issued an Order ...

As discussed here, on March 7, the Appellate Division directed the Council on Affordable Housing (“COAH”) to meet on an expedited basis and adopt third round rules regarding municipal shares of low and moderate-income housing.  Yesterday, COAH moved before the Supreme ...

Under Rule 2:8-1(b), motions in the Appellate Division are not normally argued orally.  On March 5, however, an Appellate Division panel (Judges Fuentes, Simonelli, and Haas) heard oral argument, at the panel’s request, on a motion by the Fair Share ...

Newman v. Board of Review, 434 N.J. Super. 493 (App. Div. 2014).  This is a case in which plaintiff sought unemployment benefits.  The detailed facts of the case are almost not relevant.  In an opinion by Judge Koblitz, on plaintiff’s appeal ...

Platia v. Hamilton Tp. Bd. of Educ., 434 N.J. Super. 382 (App. Div. 2014).  Plaintiff was employed as a special education teacher for more than three academic years in a four-year period.  In the ordinary case, that would have been ...