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New Jersey First Amendment Law
United States v. Epstein

On September 11, 2014, a grand jury in Trenton, New Jersey, returned a five-count Superseding Indictment against Binyamin Stimler, Mendel Epstein, Jay Goldstein ("Goldstein"), and David Aryeh Epstein.1 Defendants are all Orthodox Jewish men and their prosecutions arise out of allegations that Defendants engaged in criminal means to facilitate Orthodox Jewish divorces. According to the Supe... More...   $0 (01-06-2016 - NJ)

Hanover 3201 Realty LLC v. Village Supermarkets

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L... More...   $0 (11-13-2015 - NJ)

Syed Hassan v. City of New York

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the “City”). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the “NYPD”) began in the
wake of the September 11, 2001 terrorist attacks (the
“Program”). Plaintiffs allege that the Program is based on the
false and stigmatizing pre... More...
   $0 (10-13-2015 - NJ)


In the decades since the enactment of N.J.S.A. 2C:52-2(a),
this Court has not applied the statutory text to a case
involving multiple offenses committed over a short period of
time and adjudicated in a single conviction. The issue now
before us was not raised in A.N.J., supra, 98 N.J. at 427, in
which the Court applied a different provision of the expungement
law, N.... More...
   $0 (08-10-2015 - NJ)


The recent history of civil commitment of the mentally ill in this country is inextricably linked with the development of psychotropic drugs—antipsychotics, antidepressants, mood stabilizers, and the like. According to an expert report submitted to the District Court, effective psychotropic medications emerged in the 1950s and “rapidly became a mainstay of treatment” in psychiatric hospitals “beca... More...   $0 (08-09-2015 - NJ)

Andrew Dwyer v. Cynthia A. Cappell

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional... More...   $0 (08-11-2014 - NJ)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

Kelly Ramos v. Herbert Flowers

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.


We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j... More...
   $0 (09-22-2012 - NJ)

Joseph W. McMullen v. Maple Shade Township

This appeal involves a suit brought under 42 U.S.C. § 1983 by a New Jersey resident who was arrested by municipal police for violating a public intoxication ordinance. At issue is whether a federal cause of action exists when one is arrested for violating an ordinance that might be invalid under state law. We hold that it does not.


In October 2007, Joseph McMullen was arrested in ... More...
   $0 (06-27-2011 - NJ)

Robert Freeman v. Jon S. Corzine

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring... More...   $0 (12-22-2010 - NJ)

Tom Juzwiak v. John Doe a/k/a Jtharthat@yahoo.com

Defendant John Doe appeals, pursuant to leave granted, from a trial court order denying his motion to quash a subpoena served upon his Internet service provider. After reviewing the record in light of the contentions advanced on appeal, we reverse.

The record before us is sparse. It consists of plaintiff's complaint and the record created in connection with defendant's motion to quash. Fr... More...
   $0 (08-03-2010 - NJ)

John C. Berkery, Sr. v. Estate of Lyle Stuart

In a second attempt to obstruct the publication of a book

that is critical of his conduct, plaintiff John C. Berkery

appeals from the summary dismissal of his action against

defendants - author Allen M. Hornblum, and distributors Barnes &

Noble, Inc., Amazon.Com, Inc., Barricade Books, Inc. (NY),

Barricade Books, Inc. (NJ), National Book Network, Inc., Rowman
... More...
   $0 (02-19-2010 - NJ)

Yaakov Abdelhak v. The Jewish Press, Inc.

Plaintiff Yaakov Abdelhak appeals from a Law Division order that dismissed his defamation complaint against defendants, The Jewish Press, Inc., Oleg Rivkin, Richard Scharlat and Gabrielle Tito, for lack of subject matter jurisdiction, pursuant to Rule 4:6-2(a). The judge concluded that plaintiff's claims could not be resolved without excessive entanglement by the court and jury in issues of religi... More...   $0 (12-31-2009 - NJ)

Michael Stratechuk v. Board of Education, South Orange-Maplewood

The issue before us is whether a School District, in order to maintain a policy of complete religious neutrality, may prohibit celebratory religious music at school-sponsored events. The District Court, in a careful analysis of the facts on record and the applicable law, upheld the School District’s discretion to maintain and enforce its policy. Stratechuk v. Bd. of Educ., S. Orange-Maplewood Sc... More...   $0 (11-25-2009 - NJ)

Donald J. Trump v. Timothy L. O'Brien, time Warner Book Group, Inc. and Warner Books, Inc.

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet... More...   $0 (10-24-2008 - NJ)

Grant Spinks, et al. v. The Township of Clinton, et al.

Plaintiffs Grant Spinks, Robert Kovacs, and Michael Exley appeal from two orders entered on March 27, 2006, granting summary judgment to defendant The Township of Clinton (Clinton) and defendant Stephen Clancy (Clancy) dismissing plaintiffs' complaint in its entirety. Plaintiffs' complaint alleged retaliation by defendants in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983 an... More...   $0 (09-11-2008 - NJ)

The Lighthouse Institute for Envangelism, Inc., etc. v. City of Long Branch, etc.

This appeal requires us to clarify the nature of the constitutional and statutory protections enjoyed by religious assemblies against governmental interference in the form of land-use regulations. The plaintiff/appellants are the Lighthouse Institute for Evangelism, which describes itself as "a Christian church that seeks to minister to the poor and disadvantaged in downtown Long Branch, ... More...   $0 (12-04-2007 - NJ)

Government Employees Insurance Company v. Allstate Insurance Company

The deemer statute, N.J.S.A. 17:28-1.4, mandates that some automobile insurance companies include within their out-of-state issued policies certain New Jersey automobile insurance coverages. Government Employees Insurance Company (GEICO), a company not authorized to transact any insurance business in New Jersey, relying on a 1998 amendment to the deemer statute, contends that it is subject to t... More...   $0 (03-25-2003 - NJ)

North Jersey Media Group, Inc. and New Jersey Law Journal v. John Ashcroft

This civil action was brought in the District Court for the District of New Jersey by a consortium of media groups seeking access to "special interest" deportation hearings involving persons whom the Attorney General has determined might have connections to or knowledge of the September 11, 2001 terrorist attacks. This category was created by a directive issued by Michael Creppy,... More...   $0 (10-09-2002 - NJ)

County of Morris v. Nationalist Movement

On May 10, 2000, appellee, the County of Morris, New Jersey ("the County"), brought this declaratory judgment action in state court to establish the constitutionality of its policies regulating the private use of county facilities in the face of threatened litigation by the Nationalist Movement, a Mississippi-based private non-profit organization that sought to hold (and, in the event, did h... More...   $0 (11-16-2001 - NJ)

Louis Hornberger, Robert Tonkery, et al. v. American Broadcasting Companies, Inc., et al.

On June 28, 1996 at 9:30 p.m., plaintiffs, police officers in Jamesburg, stopped a Mercedes Benz in which defendants Raymond Campbell, William Armstrong and Jason Williamson, three young African-American men, the "testers," were riding. Because Williamson, the driver, had changed lanes without signaling, plaintiffs demanded identification of the testers. When Campbell, the back-seat passenger, sai... More...   $0 (05-24-2002 - NJ)

Keith Johnson v. Andrew Yurick

Presently before the Court is Defendants' Motion for Summary Judgment of Plaintiff Keith E. Johnson's federal and state claims relating to his termination as First Assistant Prosecutor of Gloucester County. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1343, 1367. For the reasons set forth below, Defendants' motion is granted as to the federal claims and the state fre... More...   $0 (09-17-2001 - NJ)

Mark G. Baldassare v. State of New Jersey

The Bergen County Prosecutor demoted and later fired one of his investigators allegedly for his role in an investigation of fellow law enforcement officers. The principal issue on appeal is whether the investigator's dismissal violated his First Amendment rights. Holding the prosecutor's interest in an efficient workplace outweighed the investigator's interest in his speech, the District Cou... More...   $0 (05-02-2001 - NJ)

Dendrite International, Inc. v. John Doe No. 3

In this opinion, we examine the appropriate procedures to be followed and the standards to be applied by courts in evaluating applications for discovery of the identity of anonymous users of Internet Service Provider (ISP) message boards. Information contained in postings by anonymous users of ISP message boards can form the basis of litigation instituted by an individual, corporation or busin... More...   $0 (07-18-2001 - NJ)

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