Today’s post is a guest post by Victor N. Metallo, MAE, MBA, JD, Adj. Professor of Business Law, Montclair State University In State v. Ates, 213 N.J. 389 (2014), the Supreme Court unanimously upheld the New Jersey Wiretapping and Electronic ...
Today, the Supreme Court issued a unanimous opinion, written by Chief Justice Rabner, denying the State’s request to stay the Law Division’s ruling that allows same sex marriages in New Jersey. The Supreme Court’s opinion is available here. That opinion largely ...
State v. Morgan, 217 N.J. 1 (2013). In State v. Morgan, 423 N.J. Super. 453 (App. Div. 2011), discussed here, the Appellate Division found no bar to a trial judge allowing jurors to take written jury instructions home with them ...
In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing (“COAH”) was established as part of the Legislature’s response to the Mount Laurel cases. In those cases, the Supreme Court had announced ...
Division of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013). When A.L. was admitted to the hospital to give birth to her son, A.D., she tested positive for cocaine. The hospital tested A.D.’s urine two hours after his birth, and ...
In re Kollman, Jr., Petition for Expungement, 210 N.J. 557 (2012). “To afford a second chance to one-time offenders convicted of less serious offenses, who have led law-abiding lives since conviction, the Legislature enacted a law that allows certain records to be ...
Sussex Commons Assocs., LLC v. Rutgers, the State University, 210 N.J. 531 (2012). Rutgers, the State University of New Jersey, and its two law schools are unquestionably subject to the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), as the Supreme Court ...
Mazdabrook Commons Homewoners Ass’n v. Khan, 210 N.J. 482 (2012). “The question in this appeal is whether a homeowners’ association can prohibit residents from posting political signs in the windows of their own homes.” That was how Chief Justice Rabner began his opinion ...
New Jersey Ass’n of School Adminstrators v. Schundler, 211 N.J. 535 (2012). This case required the Supreme Court to parse and reconcile an unusually complex scheme of statutes and regulations that dealt with benefits available by contract to high-level school administrators. In ...
Policemen’s Benevolent Ass’n v. City of Trenton, 205 N.J. 422 (2011). The City of Trenton ordered certain employees to report for “muster” ten minutes before their shifts were to start, so that roll calls could be completed and the personnel promptly deployed ...