In the case of In re Officer Diguglielmo, the New Jersey Institute of Technology terminated the officer’s employment because of alleged non-criminal conduct. The NJ Appellate Division concluded that N.J.S.A. 40A:14-150 precluded him, as a non-municipal police officer, from availing himself of the special disciplinary arbitration process administered by the Public Employment Relations Commission.
In Rialto-Capitol Codominiumn Assoc. v. Baldwin Assets Assoc. Renewal Co., the NJ Appellate Division permitted a condo association’s claim to proceed to trial. The claim was based on allegations that the actions of the defendants, who installed windows into units of an apartment building, altered the plaintiff’s buildings’ exterior appearance in a way that violated … Read more
In Libertarians for Transparent Gov’t v. Cumberland Co., the Appellate Division held that a settlement agreement resolving an internal disciplinary action against a public employee is not classified as a government record under the Open Public Records Act (OPRA). Instead, the settlement agreement is a personnel record exempt from disclosure under section 10 of the OPRA … Read more
In State v. Guerino, a county prosecutor invited a robbery victim to the local courthouse about 22 months after the robbery — and two weeks prior to trial — to observe a group of shackled inmates being marched through the halls to a courtroom. The unusual (some would say unethical) practice was supposedly for “trial … Read more
In State v. Faber, the Appellate Division remanded, holding that the lower court failed to reference either the Intoxicated Driver Resource Center (IDRC) or the necessity of an ignition interlock device in it’s sentencing order.
In Pickett v. Moore’s Lounge, the Appellate Division held that a bar’s insurance policy’s assault-or-battery exclusion precluded the bar’s claim for indemnification after one of it’s patrons killed another patron.
The Appellate Division in In re Z.S. vacated the family court’s order, which waived jurisdiction and directed that 17-year-old Z.S. be prosecuted as an adult on charges under the Jessica Lunsford Act. The Appellate Division found that the prosecutor’s statement of reasons was “materially deficient.” Importantly, the juvenile was functioning cognitively as a 13-year-old and was deemed developmentally … Read more
The Appellate Division ruled in State v. St. Mary’s Church Gloucester that the Eminent Domain Act of 1971 repealed a portion of N.J.S.A. 27:7-22. The latter statute had required the Commissioner of Transportation, upon taking property in eminent domain, to pay 6 percent interest on the judgment not previously held in ESCROW. However, the Eminent … Read more
In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff’s counsel filed a tort action not knowing that his client had died nine months earlier. Upon learning of the plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as the plaintiff … Read more
The Appellate Division in In re: Guardianship of Dinoia held that the trial court had the authority to compel a county Adult Protective Services unit to pay attorneys fees for a lawyer who was court appointed to represent an allegedly incapacitated person.