In 2014, the Supreme Court of the United States decided Town of Greece v. Galloway, 572 U.S. 565 (2014). There, the Court held, by a 5-4 vote, that opening a monthly town board meeting with a prayer delivered by a local clergy member did not violate the Establishment Clause of the First Amendment to the United States Constitution. In 1981, the Supreme Court of New Jersey had issued a unanimous decision, Marsa v. Wernik, 86 N.J. 232 (1981), holding that the Borough of Metuchen's practice of opening its Borough Council meetings with an invocation selected and delivered by a council member likewise did not violate the Establishment Clause. That ruling foreshadowed, to some extent, that of Greece. The date of the Marsa decision was June 8, 1981, 45 years ago today....

Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....

Englewood Hospital & Medical Center v. State, ___ N.J. ___ (2025). New Jersey has had a charity care program, in one form or another, for 178 years. As Justice Fasciale summarized the current charity care program in his opinion for a unanimous Supreme Court, under the current program "hospitals cannot turn away a patient for inability to pay, N.J.S.A. 26:2H-18.64, and patients who qualify for charity care shall not be billed for services rendered, N.J.A.C. 10:52-11.4. Instead, ‘disproportionate share hospitals' (DSHs), or hospitals that serve a disproportionate number of low-income patients, see N.J.S.A. 26:2H-18.52, receive annual subsidies from the Health Care Subsidy Fund (HCSF) in exchange for providing charity care, see N.J.S.A. 26:2H-18.52, .58, .58d."...

On this date in 1952, the Supreme Court issued its opinion in Savarese v. Pyrene Manufacturing Co., 9 N.J. 595 (1952). Justice Wachenfeld's decision for a 5-0 Court remains the leading authority on whether and when employment contracts for life are enforceable....

On this date in 1992, the Supreme Court decided Sica v. Wall Township Board of Adjustment, 127 N.J. 152 (1992). [Disclosure: I argued this case for the successful plaintiff]. Justice Pollock's opinion for a unanimous Court addressed a question that arose out of Medici v. BPR Co., 107 N.J. 1 (1987). There, the Court held that a use variance applicant must satisfy an enhanced standard of proof that the variance is not inconsistent with the intent of the master plan and zoning ordinances. The question in Sica was whether that enhanced standard applied to inherently beneficial uses. The Court said that it did not....

On this date in 2004, the Supreme Court decided Smith v. SBC Communications, Inc., 178 N.J. 265 (2004). The case was a putative Consumer Fraud Act ("CFA") and breach of contract class action against Southern New England Telephone Company ("SNET") and BJ's Wholesale Club, Inc. Plaintiff alleged that defendants falsely advertised that prepaid calling cards purchased at BJ's would yield substantially more calling time than plaintiff actually received....