Statutory interpretation

Volunteer Fireman is Not an "Employee" of His Volunteer Fire Company for Purposes of CEPA

Sauter v. Colts Neck Volunteer Fire Co. No. 2, 451 N.J. Super. 581 (App. Div. 2017). The Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 ("CEPA") protects "employees who report...

Election Law Enforcement Commission Can Pursue Complaint Against Essex County Executive

New Jersey Election Law Enforcement Commission v. DiVincenzo, 451 N.J. Super. 554 (App. Div. 2017). In 2011, the New Jersey Election Law Commission ("ELEC"), an independent four-member body that enforces...

A 2015 Amendment to the Unemployment Insurance Statute is Construed Favorably to a Claimant

McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017). In general, employees who leave work voluntarily are disqualified from obtaining unemployment benefits. In 2015, the unemployment statute,...

Defendant Who Fails to Timely Serve Notice of Tort Claim Cannot Sue Public Entity for Contribution or Common Law Indemnification

Jones v. Morey's Pier, Inc., 230 N.J. 142 (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort...

The New Jersey False Claims Act Does Not Apply to Claims Made in Connection With State Tax Laws

State ex rel. Campagna v. Post Integrations, Inc., 451 N.J. Super. 276 (App. Div. 2017). The New Jersey False Claims Act, N.J.S.A. 2A:32C-1 to -18 ("NJFCA"), encourages lawsuits by private...

A Big OPRA Opinion From Chief Justice Rabner

North Jersey Media Group, Inc. v. Lyndhurst Tp., 229 N.J. 541 (2017). Due to the amount of administrative duties that attend the office of Chief Justice of the Supreme Court...

Spokeo Again Fails Defendants at the Third Circuit

Susinno v. Work Out World, Inc., 862 F.3d 346 (3d Cir. 2017). Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), discussed here, was a case in which class action defendants...

No Property Tax Exemption for Disabled Veteran Whose Injuries Did Not Occur "In a Theater of Operation"

Fisher v. City of Millville, 450 N.J. Super. 610 (App. Div. 2017). Article VIII, section 1, paragraph 3 of the New Jersey Constitution allows the Legislature to enact legislation that...

Literal Reading of Police and Fire Public Interest Arbitration Reform Act on Applicability of Cap on Arbitration Awards Would Yield Absurd Results, so the Appellate Division Rejects That Outcome

In re State of New Jersey and Fraternal Order of Police Lodge 91, 450 N.J. Super. 286 (App. Div. 2017). In her opinion for the Appellate Division today, Judge Reisner...

DEP Has the Power to Condemn Property, Take Perpetual Easements to Protect the Shore, and Allow Public Access to Easement Areas

State of New Jersey, Department of Env. Protection v. North Beach 1003, LLC, 451 N.J. Super. 214 (App. Div. 2017). Beach access has long been an important and controversial issue...

1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556…