Pareja v. Princeton International Properties, ___ N.J. ___ (2021). This 5-2 decision addressed the “ongoing storm rule,” which Justice Fernandez-Vina’s majority opinion defined as a doctrine “under which a landowner does not have a duty to remove snow or ice from public walkways until a reasonable time after the cessation of precipitation.” In a decision discussed here, the Appellate Division rejected the ongoing storm rule in this case, where plaintiff fell on ice and injured himself on defendant’s property while “light rain and pockets of freezing rain were falling.” That ruling imposed a duty of care on commercial property owners and reversed a Law Division grant of summary judgment to the defense. read more

Richter v. Oakland Bd. of Educ., ___ N.J. ___ (2021). Justice LaVecchia wrote the opinion in this important Law Against Discrimination (“LAD”) case for a unanimous Court. There were two questions: whether the fact that the plaintiff teacher sought and obtained workers’ compensation benefits for the physical injuries that she suffered as a result of the alleged unlawful discrimination precluded her claim, by virtue of the “exclusive remedy provision” of the Workers Compensation Act (“WCA”), and whether she was barred from bringing an LAD claim because she was not subjected to an adverse employment action, such as demotion or termination. read more

The Supreme Court announced that it has added Acoli v. New Jersey State Parole Board to its docket. The matter is before the Court due to a dissent in the Appellate Division. That court’s opinion was reported at 462 N.J. Super 39 (App. Div. 2019), and was discussed here. read more

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys’ fee dispute. In the underlying consolidated discrimination cases, plaintiffs’ original attorney, Ryan Paddick, had a 40% contingency fee agreement with his clients. After winning in the Third Circuit a reversal of a prior summary judgment for the defense and, on remand, taking 24 depositions, briefing nine motions, and undertaking other activities, found himself unable to advance the necessary funds for an expert. With his consent, plaintiffs retained a new attorney, Sandra Thompson, at a 35% contingency. Paddick told Thompson about his work in the case and stated that “fees remain due on the work [he] did on the cases prior to [her] stepping in.” read more

Oakwood Laboratories, LLC v. Thanoo, ___ F.3d ___ (3d Cir. 2021).  Judge Jordan wrote this opinion. This was a trade secret case that also involved other claims. “More than two years and four iterations of its complaint later, Oakwood was unable to get past the pleading stage of litigation. The District Court dismissed each version of the complaint for failure to state a claim.” read more

In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, ___ N.J. ___ (2021). As discussed in more detail here, the Appellate Division upheld the power of the Attorney General to require every law enforcement agency in New Jersey to publish a synopsis of all complaints against law enforcement officers that resulted in termination, demotion, or a suspension of more than five days. The Attorney General did that through two directives. read more

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Yesterday, the Senate voted 37-0 to give life tenure, until age 70, to Justice Solomon. He will reach that mandatory retirement age in 2024. read more