The New Jersey Appellate Division examined a town’s termination of payments to its former employee under a separation agreement when the employee became employed by another town. Background Alberto Cabrera was the municipal clerk of the Town of Guttenberg, New Jersey. As so often happens, the parties wished to terminate…
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act The New Jersey Arbitration Act and Federal Arbitration Act generally require enforcement of agreements to arbitrate disputes. This extends to the enforcement of arbitration agreements in employment contracts. However, in response to the #MeToo Movement, Congress passed the Ending…
McLaughlin & Nardi is pleased to announce that the Honorable Peter F. Boggia, a retired judge of the Superior Court of New Jersey, will be joining the firm as of counsel. Judge Boggia will be concentrating his practice on alternative dispute resolution, particularly mediation and arbitration. His relationship with our…
The State Board of Examiners, which operates within the New Jersey Department of Education, is the agency charged with licensing New Jersey educators. It determines educator fitness and issues certifications required for New Jersey teachers and other teaching staff members. It also has the authority to revoke or suspend certificates…
A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission. Background Gregory Gacia was a police officer with…
New Jersey employment law provides that non-tenured educators must receive written notice that their employment contracts will not be renewed by May 15th or their contracts will be deemed to be renewed for the coming school year. A New Jersey appeals court recently issued a decision examining the procedure and…
In New Jesey business law, a person or business may personally guaranty the performance of a third party. If the third party defaults on its obligations, the party which gave the personal guaranty (the “guarantor”) then becomes liable for the third party’s default. Different states have different requirements for the…
New Jersey business law provides that parties to a contract may agree that after closing one party, usually the seller, can have the right to match another offer which a party receives. This is called a “right of first refusal.” This most frequently occurs in contracts for the sale of…
An appeals court recently issued an opinion in the case of Hand v. Borough of New Providence, examining the rights of New Jersey police officers facing discipline in non-civil service jurisdictions Background The opinion explained that Michael Hand was a corporal with the New Providence Police Department, with thirteen…
New Jersey construction law incorporates the damages provisions of the Consumer Fraud Act in residential home improvement construction projects. A New Jersey appeals court recently analyzed the recovery of triple damages and attorneys fees in construction projects under the Consumer Fraud Act, and personal liability for contractors, in two construction…