The Appellate Division affirmed class certification for Paterson firefighters alleging NJWHL overtime violations, holding that pre-certification discovery is not required when claims arise from a uniform CBA policy, and that the City’s failure to answer requests for admissions established numerosity as admitted fact.
The Appellate Division reversed an eviction judgment under New Jersey’s Anti-Eviction Act, holding that an LLC buyer cannot ‘personally occupy’ a residential unit within the meaning of N.J.S.A. 2A:18-61.1(l)(3), even where a managing member of the LLC intends to reside there — foreclosing a common workaround for landlords seeking vacant possession on a sale.
The Appellate Division affirmed summary judgment piercing the corporate veils of two New Jersey defense contractors used to execute an international bribery scheme against the South Korean government, but vacated summary judgment on fraudulent transfer claims because questions of fraudulent intent under the UFTA ordinarily require jury resolution and the motion court issued no findings of fact supporting its ruling.
The Appellate Division vacated two first-degree human trafficking convictions after finding that the indictment, jury instructions, and verdict sheet disjunctively combined two legally distinct subsections of the trafficking statute without a unanimity instruction, making it impossible to determine whether the jury reached a unanimous verdict — while affirming promoting prostitution convictions and remanding for a new trial.
The Appellate Division reversed a trial court order compelling arbitration of a former Brink’s employee’s race-discrimination claim, holding that the Ending Forced Arbitration of Sexual Assault and Harassment Act voids pre-dispute arbitration agreements as to an entire case once any sexual harassment claim is in the lawsuit — not merely the claims directly tied to sex-based conduct.
The Appellate Division affirmed summary judgment against a Seton Hall associate professor who claimed his seven denied promotion applications over three decades violated the NJLAD, holding that his failure to meet the university’s published teaching, scholarship, and service benchmarks prevented him from establishing a prima facie case of discriminatory failure to promote.
In a published opinion with amicus participation from the Attorney General, the Appellate Division vacates a blanket disclosure order in a LAD sexual harassment case and provides detailed guidance on the Payton framework for workplace investigation privilege, including when waiver applies and its limits.
In a matter of first impression, the Appellate Division holds that CREAMMA impliedly creates a private right of action for job applicants and employees who face discrimination based on positive cannabis tests, reversing the trial court’s dismissal and diverging from the Third Circuit’s contrary conclusion.
The Massachusetts Appeals Court affirmed a civil service bypass of Paul DeFarias for a firefighter position in the City of Gloucester. Despite acknowledging significant flaws in the city’s background investigation — including a one-sided report omitting positive information and inaccurate claims — the court found substantial evidence supported the bypass based on negative reviews from three former employers.
The Massachusetts Appeals Court affirmed a negligent operation conviction, finding evidence of erratic driving, signs of intoxication, and an unsecured pet overwhelming. The court declined to decide whether police body-worn camera recordings violated the state wiretap statute or whether pre-arrest statements required Miranda warnings, holding any error harmless beyond a reasonable doubt.