Cleary Giacobbe Alfieri Jacobs, LLC

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Municipal Law, Contract Dispute

Successfully defended the City of Paterson in an appellate decision affirming the dismissal of a challenge by the second low bidder for a solid waste contract, resulting in savings of over $10 million for the city over 5 years.

Education Law, Constitutional Law

Successfully defended the School District of the Chathams against a constitutional challenge to its social studies curriculum, which included instructional content about Islam. The U.S. Court of Appeals for the Third Circuit affirmed the District Court's summary judgment, ruling that the curriculum did not violate the Establishment Clause of the First Amendment as it was presented in an academic context and did not amount to religious coercion.

Education Law, Ethics, First Amendment

Successfully represented Sahar Aziz, a Westfield Board of Education member, in an appeal affirming the dismissal of a School Ethics complaint regarding her personal social media posts. The Appellate Division upheld the School Ethics Commission's decision that her posts were made in a personal capacity and did not violate ethics rules.

Municipal Law, Employment Law

Successfully obtained dismissal of a lawsuit challenging the termination of a probationary police officer in Wayne Township who failed a drug test. The court ruled that probationary officers are not entitled to a disciplinary hearing or Superior Court review under state law.

Municipal Law, Land Use, Affordable Housing

Successfully obtained a complete reversal by the Appellate Division of two trial court orders that had ruled against Wayne Township and its Planning Board in affordable housing litigation, vacating findings of bad faith, breach of settlement, and awards of attorneys' fees and per diem penalties to the developer. The appellate decision affirmed the board's resolution requiring an elevator with ambulance stretcher access.

Municipal Law, Civil Rights

Successfully defended the Township of Millburn, its governing body, and business administrator against a challenge to a bond ordinance and alleged civil rights violations. The Appellate Division affirmed the trial court's judgment, ruling that there was no improper limit on public comment and no conflict of interest.