The Supreme Court announced that it has granted review in two more cases.  In Zimmerman v. Sussex County Educational Services Commission, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Did the defendant-employer violate the tenure rights of plaintiffs, part-time teachers, by substantially decreasing their work hours under the circumstances presented?”  In an opinion reported at 453 N.J. Super. 464 (App. Div. 2018), the Appellate Division reversed a decision of the Commissioner of Education that plaintiffs were not protected by the Tenure Act,...

Brunt v. Board of Trustees, Police & Firemen’s Retirement System, ___ N.J. Super. ___ (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants must bear their own fees and costs.  This decision today by Judge Rose, in a case that was argued before her and Judge Ostrer, and then re-argued before those two judges and Judge Sabatino, is the latest reiteration of that principle. Plaintiff was serving as interim deputy chief of the Middletown Township Police...

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