Statutory interpretation

Charitable Immunity Act Exception Clarified

Hehre v. DeMarco, 421 N.J. Super. 501 (App. Div. 2011). Plaintiff, a student at Holy Spirit High School, was injured in an auto accident while being driven to a school-sponsored track meet...

Defective Notice of Intention to Foreclose Requires Dismissal Without Prejudice

Bank of New York v. Laks, 422 N.J. Super. 201 (App. Div. 2011). N.J.S.A. 2A:50-56(c)(11), a part of the Fair Foreclosure Act ("FFA"), requires a lender who plans to foreclose on a mortgage...

City/State Location of Calls to/from Public Employees' Government-Provided Cellphones are Not Private

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011). North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that "the people...

Individual Owners, Officers or Employees, as Well as Their Companies, Can be Liable for Violation of Consumer Fraud Act Regulations

Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011). The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. ("CFA"), makes liable any "person" who violates the CFA. In...

In Applying Statutes, Don't be Overly Literal

Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011). Out of the lengthy procedural history of this land use matter comes the simple message that...

Homeowner Can Sue Building Contractor for Consumer Fraud Even Where Homeowner Has Acted as His Own General Contractor

Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011). Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on...

The Supreme Court Discusses, for the First Time, Two Exceptions to the Open Public Records Act

Kovalcik v. Somerset County Prosecutor's Office, 206 N.J. 581 (2011). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 ("OPRA"), makes "government records," as broadly defined in OPRA, generally accessible. However, the right of access...

Two Lessons in Reading Title 39

Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011). Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5. Both cases...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep't of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395 (App. Div. 2011). N.J.S.A. 58:10B-17.1(b) ("the extension statute") extends the normal statute of limitations for environmental...

Retired Assistant Prosecutor/DAG is Not a "Retired Law Enforcement Officer" Entitled to a Gun Permit

In re Denial of Application of Giles W. Casaleggio for a Retired Law Enforcement Officer Handgun Permit, 420 N.J. Super. 121 (App. Div. 2011). Giles Casaleggio retired from a career in which he...

1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556…