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Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence

Baranowski v. City of Newark, Docket No. A-2262-23, NJ Super., App. Div., Mar 11, 2025 - The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this...more

OPRA Does Not Permit Waivers for Inability to Pay

In Thorpe v. Kleinman, Docket No. A-3391-22 (App. Div. Nov. 1, 2024), the plaintiff sought video footage from the Freehold Township Police Department, the defendant in the case, in regard to a traffic obstruction charge....more

Contrary Decisions Highlight Complexity of TCA Claims

The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and...more

Security Camera Video from Elementary School Had to Be Produced Pursuant to OPRA

In the recent case of Zezza v. Evesham Twp. Bd. of Educ., A-0537-21 (June 29, 2023), a citizen requested 35 seconds of surveillance footage taken from two cameras on the premises of Rice Elementary School in Evesham Township...more

Defendant Did Not Have Constructive Notice of Uncovered Manhole to Satisfy Requirements of New Jersey Tort Claims Act

The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving...more

Public Entity Required to Disclose Private Email Account Pursuant to an OPRA Request

The plaintiff, Frank Brooks, submitted a written request under the Open Public Records Act (OPRA) and the common law right of access for a log showing the sender, recipient, date, submit line, persons copied, and persons...more

County Prosecutors Association of New Jersey Not a Public Entity and Not Subject to the Open Public Records Act

The plaintiff, the American Civil Liberties Union of New Jersey (ACLU), served the County Prosecutors Association of New Jersey (CPANJ) with a request to produce documents pursuant to the Open Public Records Act (OPRA). The...more

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