It is important for any attorney who litigates in New Jersey state courts to have a complete understanding of the differences between final orders and interlocutory orders in New Jersey. Final Order (Rule 4:49-2) A final order, as per Rule 4:49-2, is one that marks the conclusion of a particular stage in litigation. It signifies the end of a particular phase of a case, allowing for an appeal or further legal action. If a party wants to … [Read more...] about Final Orders and Interlocutory Orders in New Jersey State Court
Employment Discrimination/Wrongful Termination
Strategic Choices To Make in New Jersey Municipal Employee Disputes: Lessons from Winters v. North Hudson Regional Fire
In New Jersey, the Winters Doctrine can be a key factor in a municipal employee’s employment dispute that is litigated before the administrative courts and in the Superior Court. This legal doctrine can have final consequences for those making a claim against their government employer. In such cases, you will need to make strategic choices about the evidence that is presented. The Winters Doctrine The Winters Doctrine, in its essence, … [Read more...] about Strategic Choices To Make in New Jersey Municipal Employee Disputes: Lessons from Winters v. North Hudson Regional Fire
Understanding Expert Testimony and Net Opinions in New Jersey
In New Jersey courts, the New Jersey Rules of Evidence (N.J.R.E. 702 and 703) guide the admissibility of expert testimony. Interpreting N.J.R.E. 702, the New Jersey Supreme Court has determined the rule requires three essential elements for admitting expert testimony: First, the intended testimony must deal with a subject matter that goes beyond the understanding of an average juror. Second, the field being testified about must be at an … [Read more...] about Understanding Expert Testimony and Net Opinions in New Jersey
The Intersection of Workers’ Comp and the Law Against Discrimination in New Jersey
The New Jersey Supreme Court made two important rulings in Richter v. Oakland Board of Education, 246 N.J. 507 (2021). First, the Court decided that an employee doesn't need to prove an adverse employment action as part of a failure-to-accommodate claim under the New Jersey Law Against Discrimination (NJLAD). This decision was based on previous case law, especially in retaliation claims, and was not surprising considering the NJLAD's broad … [Read more...] about The Intersection of Workers’ Comp and the Law Against Discrimination in New Jersey
Understanding Your Rights: Unlawful Police Conduct in New Jersey
The US Constitution protects against oppressive actions by law enforcement and other government employees at all levels. While most interactions with law enforcement are routine and no more serious than a traffic citation, there are often cases of unlawful police conduct in New Jersey. This could mean people find themselves victims of unlawful arrest, unjust imprisonment, malicious prosecution, or illegal searches and/or confiscation of their … [Read more...] about Understanding Your Rights: Unlawful Police Conduct in New Jersey
New Jersey False Claims Act Attorneys: Combating Fraud and Protecting Taxpayers
In an effort to safeguard public funds and promote accountability, the State of New Jersey enacted the New Jersey False Claims Act (“NJFCA” or the “Act”). This legislation empowers whistleblowers to bring forth claims on behalf of the government when they suspect fraudulent activities. With a robust legal framework, the NJFCA serves as a crucial tool in the fight against fraud. In addition, the Act provides a means to uncover and prosecute … [Read more...] about New Jersey False Claims Act Attorneys: Combating Fraud and Protecting Taxpayers