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Jun 22, 2021 by Bruce D. Greenberg


Despite Commissioner of Education’s Failure to Address Segregative Effects of Expansion of Seven Newark Charter Schools, Those Expansions Stand

In re Renewal Application of TEAM Academy Charter School, ___ N.J. ___ (2021). Justice Patterson’s decision for a unanimous Supreme Court today addressed whether, when considering the expansion applications of seven Newark charter schools, the Commissioner of Education was required to consider the potential segregative effect and/or the fiscal impact of those expansions. The Commissioner…

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Jun 17, 2021 by Bruce D. Greenberg


Complaint-Summonses From a Municipal Police Department Can be Obtained Under the Open Public Records Act

Simmons v. Mercado, ___ N.J. ___ (2021). Justice Pierre-Louis issued this unanimous opinion for the Supreme Court today. The issue was “whether a records request for complaint-summonses from a municipal police department is proper under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The key question…

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Jun 16, 2021 by Bruce D. Greenberg


A Jury Could Find That a Supervisor’s Use of Two “Highly Offensive” Slurs Created a Hostile Work Environment

Rios v. Meda Pharmaceutical, Inc., ___ N.J. ___ (2021). In Taylor v. Metzger, 152 N.J. 490 (1998), the Supreme Court held that a single racial epithet “was sufficiently severe to contribute materially to the creation of a hostile work environment.” The Court there reversed a summary judgment for the employer. The facts of today’s decision…

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Jun 14, 2021 by Bruce D. Greenberg


What Not to Do as an Attorney: “Appalling, Unlawyerly Behavior”

United States v. Brace, ___ F.3d ___ (3d Cir. 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion, and a lesson to other attorneys. This opinion by Judge Bibas is one of those. This was a suit against defendants for allegedly violating the Clean Water Act by,…

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Jun 11, 2021 by Bruce D. Greenberg


Reversing the Appellate Division, the Supreme Court Adopts the “Ongoing Storm Rule”

Pareja v. Princeton International Properties, ___ N.J. ___ (2021). This 5-2 decision addressed the “ongoing storm rule,” which Justice Fernandez-Vina’s majority opinion defined as a doctrine “under which a landowner does not have a duty to remove snow or ice from public walkways until a reasonable time after the cessation of precipitation.” In a decision…

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Jun 10, 2021 by Bruce D. Greenberg


Adverse Employment Action Not Required for Law Against Discrimination Claim

Richter v. Oakland Bd. of Educ., ___ N.J. ___ (2021). Justice LaVecchia wrote the opinion in this important Law Against Discrimination (“LAD”) case for a unanimous Court. There were two questions: whether the fact that the plaintiff teacher sought and obtained workers’ compensation benefits for the physical injuries that she suffered as a result of…

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Jun 10, 2021 by Bruce D. Greenberg


Acoli v. Parole Board Returns to the Supreme Court

The Supreme Court announced that it has added Acoli v. New Jersey State Parole Board to its docket. The matter is before the Court due to a dissent in the Appellate Division. That court’s opinion was reported at 462 N.J. Super 39 (App. Div. 2019), and was discussed here. The question presented, as phrased by…

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Categories: Criminal law

Jun 9, 2021 by Bruce D. Greenberg


Ancillary Settlement Jurisdiction

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys’ fee dispute. In the underlying consolidated discrimination cases, plaintiffs’ original attorney, Ryan Paddick, had a 40% contingency fee agreement with his clients. After winning in the Third Circuit a reversal of…

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Jun 9, 2021 by Bruce D. Greenberg


Pleading Standards Under the Defend Trade Secrets Act, and Generally

Oakwood Laboratories, LLC v. Thanoo, ___ F.3d ___ (3d Cir. 2021).  Judge Jordan wrote this opinion. This was a trade secret case that also involved other claims. “More than two years and four iterations of its complaint later, Oakwood was unable to get past the pleading stage of litigation. The District Court dismissed each version…

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Jun 7, 2021 by Bruce D. Greenberg


The Supreme Court Largely Upholds the Attorney General’s Directives Regarding Release of Police Officer Disciplinary Information

In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, ___ N.J. ___ (2021). As discussed in more detail here, the Appellate Division upheld the power of the Attorney General to require every law enforcement agency in New Jersey to publish a synopsis of all complaints against law enforcement officers that resulted in termination,…

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