New Jersey Law

Central Railway Terminal in Liberty State Park

Appelate Division Rules in Favor of Insurer on Claim for Additional Insured Coverage

In a recent unpublished opinion Comcast of Garden State, LP v Hanover Insurance Co, the New Jersey Appellate Division decided that Hanover Insurance Company was not obligated to provide a defense to Comcast for the injuries suffered by an…

New Jersey Appellate Division Issues Important Decision Related to Local Redevelopment and Housing Law

The New Jersey Appellate Division has recently issued an important published decision related to a municipalitys’ ability to condemn property under the Local Redevelopment and Housing Law (“LRHL”), N.J.S.A. 40A:12A-1 to -49. The decision, Borough of Glassboro v. Jack Grossman

Trial Court Reaffirms That Settlement with State Provides Contribution Protection Under CERCLA

In the continuing saga of the Combe Fill South Superfund Site in Chester, New Jersey, on January 15, 2019 the U.S. District Court for New Jersey in NJDEP v. Am. Thermoplastics Corp. denied a motion for reconsideration of its decision…

Appellate Division Rejects Tax Court Adjustments

In a recently issued unpublished opinion, the Appellate Division reversed and remanded a Tax Court case where the judge substituted his own judicial experience and field expertise to arrive at a factual finding that was not supported by the evidence…

Tax Court disqualifies property owner from relying upon farmland assessment.

Tax Court Presiding Judge DeAlmeida is about to ascend to the Appellate Division. But, before he does the Court is rendering some interesting decisions. Recently the Court decided an unpublished farmland assessment case entitled Russo v Twp of Plumsted. The…

Appellate Division Rules for Municipality in Condemnation Case Regarding Environmental Remediation Cost Requirements.

On December 28, 2017, the Appellate Division issued an unpublished opinion, Township of Piscataway v. South Washington Ave, LLC, which addressed issues relating to how to evaluate the cost of environmental clean up in a condemnation matter, as well as…

Appellate Division Applies the Continuous Trigger Theory to Insurance Coverage Plans For Construction Defects

The Appellate Division recently issued an opinion addressing trigger of coverage issues for construction defect claims. In Air Master & Cooling, Inc. v. Selective Insurance Company of America which was approved for publication on October 10, 2017, the court applied…

Employer Fails to Meet Required Standards for Psychological Fitness-For-Duty Exam

The Appellate Court ruled for the first time in NJ that it was a violation of the Americans with Disabilities Act to order an employee to undergo a psychological fitness for duty examination without objective credible evidence that an exam …



CATEGORIES: Employment Law

N.J. Supreme Court Affirms Indictment of Woman Who Took Confidential Student Records in an Alleged Employment Discrimination Action

In a recent decision, New Jersey v. Saavedra, the New Jersey Supreme Court affirmed an indictment of Defendant for official misconduct and unlawful taking of public documents from the North Bergen Board of Education (“the Board’). By way of background, …



CATEGORIES: Employment Law

Court enjoins COAH and Executive Branch from seizing affordable housing trust funds collected by municipalities.

In the continuing fallout from the failure of COAH to adopt Third Round Regulations, including those defining when affordable housing trust funds are committed, the Appellate Division was faced with an application from the Fair Share Housing Center to order …





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