Court Denies Plaintiff’s Motion for Leave to File Late Notice of Tort Claim Despite Plaintiff’s Medical Issues

On September 26, 2017, Plaintiff Antoinette Marra tripped and fell on the property of defendant Hopatcong Senior Center and Borough of Hopatcong.  She suffered a broken arm and fractured hip, which necessitated hip replacement surgery, among other injuries.  The issue in Marra v. Hopatcong Senior Center, 2019 N.J. Super. Unpub. LEXIS 1685 (App. Div. July […]

New Jersey’s Groundbreaking New Wage Anti-Theft Law

In the past, employees who believed that they were not properly paid in line with minimum wage and overtime pay requirements under New Jersey’s wage payment law could either bring a lawsuit in state court or file an administrative claim with the New Jersey Department of Labor to recoup unpaid wages. Many politicians and leading […]

New Jersey Restricts Pre-Hiring Consideration of Salary History Information

On July 25, 2019, New Jersey became the latest of a growing number of states that now prevent employers from requesting salary history information about applicants as part of the pre-hiring process.  The new law bars employers from screening a job applicant based upon an applicant’s salary history or requiring that the applicant’s salary history […]

Municipality Found Not Liable For Bicyclist Who Suffers Injury When Bike Hit Patch Of Loose Gravel In Roadway

Plaintiff Joanne Green was riding her bicycle in the middle of a street located in defendant Borough of Englewood Cliffs.  After making a right hand turn into an intersection, she hit a patch of loose gravel in the middle of the intersection, which caused her to fall off her bike and suffer injuries.   Her claim […]

Appellate Division Affirms OPMA Does Not Require BOE to Discuss Proposed Employment Action Prior to Voting

On May 17, 2019, the New Jersey Appellate Division in Centrella v. Prospect Park Board of Education issued an unpublished decision confirming that, under the Open Public Meetings Act (“OPMA”), a public entity is not required to discuss a proposed employment action prior to actually voting on that action. This case involved a former Prospect Park Board […]

Contractor Who Missed 90 Day Deadline for Serving A Notice of Tort Claim by Two Days Barred by Court To Pursue Tort Claim Against Municipality

Plaintiff Lakeside Construction (“Lakeside”) was a contractor who was hired to perform various site improvements at a school located in the Township of Sparta.  Those site improvements included the installation of an underground pipe to connect the new school building to the municipal water main.  Several weeks after a person who allegedly identified himself as […]

Important Appellate Division Reported Opinion Regarding Disclosure of Investigatory Materials Under The Work Product Doctrine

The Appellate Division on June 6, 2019 rendered a reported Opinion on the issue of when disclosure of materials prepared or collected prior to the institution of litigation is required.  The matter is Paladino v. Auletto Enterprises, Inc. t/a Auletto Caterers, 2019 WL 2375475. On October 9, 2015, Plaintiff was a guest at a wedding […]

Third Circuit Rules That a Prior Stacking Waiver Will Apply To a Newly Added Insured Vehicle

The United States Court of Appeals for Third Circuit recently upheld a Magistrate Judge’s ruling that held that a waiver of stacking uninsured/underinsured (“UM/UIM”) coverages did apply to a vehicle that was added to an insured’s policy after the insured had already signed a stacking waiver. In Kuhns v. The Travelers Home and Marine Insurance […]