The New Jersey Appellate Division ruled that "a school employee cannot obtain disability retirement benefits where disciplinary charges have not been shown to 'relate' to a disability under N.J.A.C. 17:1-6.4." The plaintiff was a school bus driver until she crashed her bus while intoxicated. She then entered into a confidential…
The New Jersey Appellate Division ruled that “a school employee cannot obtain disability retirement benefits where disciplinary charges have not been shown to ‘relate’ to a disability under N.J.A.C. 17:1-6.4.” The plaintiff was a school bus driver until she crashed her bus while intoxicated. She then entered into a confidential separation agreement which ended her… Continue reading Rooth v. Bd. of Trs., Publ. Emp.s’ Ret. Sys.
The New Jersey Appellate Division ruled that the judge of workers’ compensation (JWC) erred “in her expansive application of N.J.S.A. 34:15-28.2,” and, additionally, she abused her discretion in “imposing a manifestly excessive assessment.” Ripp filed a petition with the Division of Workers’ Compensation, seeking benefits under the Workers’ Compensation Act. Ripp received temporary disability benefits… Continue reading Ripp v. Hudson Cty.
The New Jersey Appellate Division reversed the Tax Court’s order, which awarded a municipality more than $45,000 in counsel fees in conjunction with a dispute of tax assessments. The fees were imposed because the Tax Court held that the plaintiff engaged in frivolous litigation under N.J.S.A. 2A:15- 59.1 when he sued the municipality’s tax assessor.… Continue reading Wolosky v. Fredon Twp.
The New Jersey Appellate Division reversed parts of the trial court’s grant of summary judgment because the court mistakenly dismissed some of the plaintiffs’ retaliation claims. The plaintiffs commenced this action for damages under the Law Against Discrimination, N.J.S.A. 10:5-1 to -50, because of the defendants’ various alleged acts or omissions. The defendants’ summary judgment… Continue reading Morris v. Rutgers-Newark Univ.
The New Jersey Appellate Division reversed the lower court’s order enforcing a non-disparagement provision in a settlement agreement. The Court ruled that although the terms of the non-disparagement provision were enforceable and the lower court correctly adjudicated this matter by motion, the court erred in finding that the plaintiff violated the provision’s terms.
The New Jersey Appellate Division framed the question presented as “whether the First Amendment or Article I, Paragraph 6 of the New Jersey Constitution prevents a private employer from terminating one of its at-will employees for posting racially insensitive comments about the Black Lives Matter movement on her personal Facebook account.” The plaintiff had a… Continue reading McVey v. AtlantiCare Medical Sys. Inc.
The New Jersey Appellate Division reversed the trial court’s order that denied the defendant’s suppression motion. The defendant’s mother, who does not speak English, had a room in the defendant’s aunt’s house. Police officers went to the house, and the aunt signed a consent to search form. The defendant’s mother did not consent to a… Continue reading State v. Marcellus
The New Jersey Appellate Division dealt with an Open Public Records Act request that, in the words of the trial court, was about leveling the playing field so parents of special needs children can know what has been provided in similar cases so that their child is protected. The plaintiffs requested each case activity sheet… Continue reading C.E. v. Elizabeth Public Sch. Dist.
The New Jersey Appellate Division reversed the trial court’s summary judgment order in this personal injury case. In August 2012, KnightBrook issued a commercial automobile policy providing liability coverage for the defendant’s vehicle associated with her taxi business. KnightBrook’s policy contained a provision known as the duty of an insured to cooperate, governing the responsibilities… Continue reading Knightbrook Ins. Co. v. Tandazo-Calopina
In this nursing malpractice case, the New Jersey Appellate Division vacated the trial court’s order that granted the defendant’s motion to dismiss. The plaintiff treated with the doctor/co-defendant for problems with her left knee. The nurse/defendant assisted the doctor with a surgery. The plaintiff sued, alleging negligence in the performance of the surgery. Shortly after… Continue reading Hoover v. Weltzer, M.D.