Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law (“WHL”) class action case reversed a summary judgment ruling for the defense, holding that the statute’s “good faith defense” ...
Wilson v. Director, Office of Workers Compensation Programs, United States Dep’t of Labor, ___ F.3d ___ (3d Cir. 2020). The final published opinion of the Third Circuit in 2020 was a case in which plaintiff, a maritime construction worker on ...
On December 15, 1952, the Supreme Court decided Ward v. Scott, 11 N.J. 117 (1952). Though the municipal law applicable at the time that case was decided has largely been superseded by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et ...
In re Medical Marijuana Alt. Treatment Ctrs. for Pangea Health & Wellness, LLC, 465 N.J. Super. 343 (App. Div. 2020). On this relatively quiet day before Thanksgiving, the Appellate Division issued an opinion, by Judge Fisher, that overturns the Department ...
In re Ridgefield Park Bd. of Educ., 244 N.J. 1 (2020). The question in this case was whether health insurance premium contribution rates for members of the Ridgefield Park Education Association (“the Association”) were non-negotiable because the subject was pre-empted ...
Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the ...
McGory v. SLS Landscaping, 463 N.J. Super. 463 (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge Vernoia concluded that a Judge of Workers Compensation had denied ...
The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in ...
G.C. v. Division of Medical Assistance and Health Services, 463 N.J. Super. 79 (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations ...
The Supreme Court announced that it has granted review in four more cases. One of those matters, State v. Lodzinski, a murder case, has received substantial publicity during its lengthy life. In that case, the question presented, as phrased by ...