Township of Manalapan v. Gentile, ___ N.J. ___ (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law Division erred in allowing the jury to hear testimony that the subject property’s highest and best use would require a variance without first having decided whether it was reasonably probable that the necessary variance would be granted. This issue was not new to the Court. In Borough of Saddle River v. 66 East Allendale, LLC, 216 N.J. 115 (2013), the defendant property owner had argued the highest...

Bacon v. Avis Budget Group, Inc., ___ F.3d ___ (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together, “Payless”), in the United States and in Costa Rica. In each transaction, renters signed a rental agreement. By signing, the renters agreed to “all notices and terms here and in the rental jacket.” A Payless counter representative then placed the signed agreement into a folder kept behind the rental counter and labeled “Rental Terms and Conditions,” and handed it back...

Grewal v. Greda, ___ N.J. Super. ___ (App. Div. 2020). This far too belated post is about a very informative opinion by Judge Vernoia last week. The case was one brought by the New Jersey Division on Civil Rights (hence the appearance of Attorney General Grewal as the named plaintiff) against defendants, Elizabeth landlords who allegedly discriminated unlawfully against a Muslim would-be tenant, Fatma Farghaly, by refusing to rent an apartment to her. A jury ruled in favor of defendants, but the Appellate Division reversed due to evidence errors, an abuse of discretion, and remanded for a...