Topic: Public Entity

Appellate Division Limits Attorneys’ Fees in OPRA Case

By:  Sanmathi (Sanu) Dev, Esq. On November 27, 2017, the New Jersey Appellate Division in Kennedy v. Montclair Center Corporation Business Improvement District issued an unpublished decision in which it determined that the Open Public Records Act (“OPRA”) does not entitle a plaintiff to attorneys’ fees after the public agency satisfied his document request. Scott […]

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One Strike and You’re Out-Single Racial Slur Can Create Hostile Work Environment

By: Ralph R. Smith, 3rd, Esq. Everyone knows, or hopefully should know, that Title VII of the Civil Rights Act of 1964 protects employees from encountering a hostile work environment due to their race. What many may not know is that there is another federal law that also prohibits racial discrimination in the form of […]

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Plaintiff’s Claim against School District based upon Sexual Abuse by Teacher Barred Due to Failure to Timely File Tort Claims Notice

By: Betsy G. Ramos, Esq. Plaintiff (“J.D.”) alleged that his high school teacher sexually abused him between 1983 and 1987. J.D. began having panic attacks in June 2013, which led to his hospitalization. He was diagnosed with panic disorder and either major depressive disorder or bipolar disorder. In May 2015, in psychotherapy, he disclosed his […]

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Paid Break or Flex Time?

By: Ralph R. Smith, 3rd, Esq. When is an employee entitled to be paid for taking a break at work? That was the question that the Third Circuit Court of Appeals had to address in the recent case of Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017). […]

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Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

By: Betsy G. Ramos, Esq. Plaintiffs Edan and Edna Ben Elazar alleged that they suffered various personal injuries due to chemical vapors that infiltrated their electronics repair shop. The chemicals emanated from leaking underground storage tanks that belonged to the dry cleaner next door to the plaintiff’s shop but were buried in adjoining municipal property […]

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CEPA Found Not to Apply to Volunteer Firefighter

By: Ralph R. Smith, 3rd, Esq. As many employers already know, New Jersey has one of the broadest whistleblower protection laws in the United States.  In the past, the Conscientious Employee Protection Act (“CEPA”) has been expansively interpreted to provide wide ranging protections to not only employees who engage in whistleblowing activities but also independent […]

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