Piscitelli v. City of Garfield Bd. of Adj., 237 N.J. 333 (2019).  Conflict of interest issues are often sticky.  That was doubly so in this case, which the Supreme Court decided today, since there were not just one but two potential conflicts alleged.  The Supreme Court split 4-3, a relatively rare occurrence.  Justice Albin authored the majority opinion, in which Chief Justice Rabner and Justices Patterson and Timpone joined.  Justice Solomon filed a partial dissenting opinion, joined by Justices LaVecchia and Fernandez-Vina.  The majority held that the Court did not have enough information...

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018).  The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983.  In Tumpson v. Farina, 218 N.J. 450 (2014), a referendum case that was discussed here, the Supreme Court found a violation of the NJCRA and awarded attorneys’ fees to the plaintiffs.  [Disclosure:  My firm, Lite DePalma Greenberg, LLC, represented the defendants in that matter].  Today, the Court faced another NJCRA case and, distinguishing Tumpson, rejected the NJCRA...

Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (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...