Topic: Public Entity

Public Entity Defeats Lawsuit Seeking Attorney’s Fees in OPRA Case

By:  Sanmathi (Sanu) Dev, Esq. On April 24, 2017, the New Jersey Superior Court, Camden County, denied a plaintiff’s request for attorney’s fees under the Open Public Records Act (“OPRA”) in the case Grieco v. Borough of Haddon Heights. The Court determined that the public entity inadvertently omitted a record in response to the plaintiff’s […]

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Employment and The Use of Medical Marijuana

By: Ralph R. Smith, 3rd, Esq. New Jersey’s medical marijuana program went into effect in 2007.  Since that time, more than 11,000 persons have been issued ID cards under The Compassionate Use Medical Marijuana Act (“Act’) permitting them to use medicinal marijuana and to obtain the drug at one of the state’s five (5) marijuana […]

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Res Ipsa Loquitur: the Thing Speaks for Itself… Unless the Thing We’re Speaking of Involves a Public Entity

By:  Jessica M. Anderson, Esq. Res ipsa loquitur is not available in an action against a public entity grounded upon a dangerous condition of public property.  Rocco v. New Jersey Transit Rail Operations, Inc., 330 N.J. Super. 320, 339-40 (App. Div. 2000).  The Tort Claims Act requires proofs beyond those necessary for a res ipsa […]

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Filing an Internal Affairs Complaint with Police Department Not “Substantially Comply” with Tort Claims Act Notice Requirement

By: Betsy G. Ramos Plaintiff Malik Macklin alleged that three Camden County Police Officers used excessive force when they assaulted and arrested him without probable cause as he was walking down the street and, as a result, he suffered injuries. Less than one month later, he reported the incident to the Camden County Police Department’s […]

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