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Governor issues new Executive Orders on Saturday

On Saturday, March 21, 2010, New Jersey Governor Philip Murphy issued two new Executive Order in a continued effort to respond to the Coronavirus pandemic. EO No. 107 issues a “stay at home” order commanding all resident to stay at home or in their place of residence unless leaving for the specific reasons providing in Read More

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Compliance with the Executive Order No. 108

As part of EO No. 108, law firms, like all other non-essential retail businesses, have been ordered to have their workforce telework “whenever practicable” with the exception of employees who cannot perform the functions of their job via teleworking. We, at Barker, Gelfand, James & Sarvas, have already made the transition to teleworking for all Read More

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State v. Orlando Trinidad

This seems applicable for our defense of civil rights cases, albeit the decision comes from a criminal case. The victim’s mention of high profile police brutality cases, which happened twice in the trial in this case, should have been excluded. Even though the Court does not disagree that there was relevance to the references to Read More

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DOL Issues Final Rule Increasing Salary Thresholds

On September 24, 2019, the Department of Labor issued a final rule increasing the salary threshold for exempt employees and “highly compensated employees” under the Fair Labor Standards Act (“FLSA”). The final rule becomes effective on January 1, 2020. The rule raises the current minimum salary level for “exempt” employees, i.e. employees for whom overtime Read More

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How Many Days After A Decision Altering Binding Precedent is the New Decision Considered Clearly Established Law?

This is an issue that has been presented   recently across several circuits. In a recent decision from the Eleventh Circuit Court Appeals, that Court found that nine (9) days between a decision and the subject incident was sufficient such that the law was “clearly established.” See, e.g., O’Kelley v. Craig, 2019 U.S. App. LEXIS 20999, Read More

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The New Jersey Supreme Court Rules that MVR Recordings Constituted Criminal Investigatory Records and thus were Not Required to be Produced Pursuant to New Jersey’s Open Public Records Act

SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of any opinion may not have been summarized.) John Paff v. Read More

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Are District Courts getting the qualified immunity analysis wrong?

On April 2, 2018, the Supreme Court, decided a qualified immunity case, Kisela v. Hughes, wherein the Court reversed a Ninth Circuit decision which denied summary judgment to a police officer based on qualified immunity.1 In finding that the officer was entitled to qualified immunity the Supreme Court noted that “(t]his Court has repeatedly told Read More

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