In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015). As foreshadowed by the oral argument, the Supreme Court today granted Fair Share Housing Center’s motion for relief in aid of litigants’ ...
Griepenburg v. Ocean Tp., 220 N.J. 239 (2015). In Riggs v. Long Beach Tp., 109 N.J. 601 (1988), the Supreme Court established a test for determining whether a municipal zoning ordinance is valid. In this case, plaintiffs challenged municipal ordinances ...
Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015). The New Jersey Spill Compensation and Control Act, konwn as the “Spill Act,” allows parties who clean up contamination to seek contribution from others for those cleanup costs. N.J.S.A. 58:10-23.11f(a)(2)(a). But ...
Davis v. Husain, 220 N.J. 270 (2014). “Post-verdict ex parte communication between the trial court and jurors cannot be countenanced.” That is the holding of today’s opinion, for a unanimous Supreme Court, by Justice LaVecchia. Even if a judge merely wants ...
This is another guest post by my colleague at Lite DePalma Greenberg, LLC, Jeffrey A. Shooman: State v. Skinner, 218 N.J. 496 (2014). I’ve blogged before about Federal Rule of Evidence 404(b), which governs the admissibility of prior other or ...
Gormley v. Wood-El, 218 N.J. 72 (2014). Cases under the Civil Rights Act, 42 U.S.C. §1983, are often difficult for plaintiffs. Such cases often fail, frequently on dispositive motions, due to qualified immunity, as in Schneider v. Simonini, 163 N.J. 336 (2000), ...
Perez v. Zagami, LLC, 218 N.J. 202 (2014), and Cottrell v. Zagami, LLC, 218 N.J. 217 (2014). In these two cases, the Supreme Court addressed the question of whether the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c) (“CRA”), permits a ...
This is another guest post by Jeffrey A. Shooman, my colleague at Lite DePalma Greenberg, LLC: State v. Coles, 217 N.J. 467 (2014). Sergeant Zsakhiem James of the Camden Police Department responded to a report of robbery in Camden. According ...
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 ...