State v. Witczak, 2011 WL 1364012 (App. Div. April 12, 2011). This blog usually is allergic to criminal decisions. But this criminal case involved a virtually even split in the federal Circuit Courts...
Huertas v. Galaxy Asset Management, 2011 WL 1361568 (3d Cir. April 11, 2011). It may seem strange that someone can lawfully try to collect a debt even after the statute of limitations...
Nutley Policemen's Benevolent Ass'n v. Township of Nutley, 419 N.J. Super. 160 (App. Div. 2011). The federal Fair Labor Standards Act ("FLSA") , 29 U.S.C. §§201-219, requires a public employer who gives an...
RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently...
Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). "The right to protest zoning amendments has existed in this State for more than eighty years." A successful protest under...
State v. Shelley, 205 N.J. 320 (2011). Statutory interpretation questions pop up endlessly. In this case, defendant was accused of selling cocaine within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, which criminalizes drug...
For years after the adoption of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. ("CFA"), it was unclear whether a violation of a regulation promulgated under the authority...
Trautmann v. Christie, 418 N.J. Super. 559 (App. Div. 2011). In 2009, the Legislature passed a law that required drivers who have learner's permits or probationary licenses to display a special decal...
Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law ("MLUL") are not often bedfellows in the same case. This...
McGovern v. Rutgers, The State University, 418 N.J. Super. 458 (App. Div. 2011). New Jersey's Sunshine Law, also known as the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21, is the focus...