The U.S. Attorney’s Office for the District of New Jersey announced on September 15, 2020 an agreement with the Borough of Woodcliff Lake, New Jersey, to resolve allegations that the Borough violated the RLUIPA by denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its property.
The proposed consent decree would resolve a lawsuit filed by the United States against the Borough of Woodcliff Lake, New Jersey. The suit alleged that the borough had prevented Valley Chabad, an Orthodox Jewish congregation that has worshipped in the borough for over 20 years, from constructing a new house of worship. The congregation alleged the borough placed a substantial burden on its religious exercise when the borough – on three separate occasions over seven years – bought or rezoned parcels of land the congregation sought to build a larger house of worship upon.
The consent decree calls for the borough to permit Valley Chabad to construct a new Chabad house on its property. The decree requires the borough to conduct RLUIPA training of government employees and report such trainings to the federal government and the court. A separate agreement resolved the matter between the congregation and the borough, with the government paying $1.5 million in damages and attorney’s fees.
For more information on RLUIPA and similar land use and constitutional matters, please contact Joseph McGill at 734-742-1800. Additionally, please see our RLUIPA primer that provides additional information about Religious Land Use and Institutionalized Persons Act (RLUIPA).
December 2020
New Jersey Congregation Allowed to Build House of Worship; Recovers Attorney Fees
The U.S. Attorney’s Office for the District of New Jersey announced on September 15, 2020 an agreement with the Borough of Woodcliff Lake, New Jersey, to resolve allegations that the Borough violated the RLUIPA by denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its
December 2020
Michigan Gov. Signs Law Giving Healthcare Facilities Liability Protections
On October 22, 2020, Governor Whitmer signed into law House Bill 6159, creating a Pandemic Health Care Immunity Act to protect health care workers against liability for claims arising out of care provided in response to the COVID-19 pandemic. This law was part of a package of COVID-related bills signed
October 2020
FBMJ CARES: Winter Coat/Gear Drive for Foster Closet of Michigan-Western Wayne County
Cold weather is upon us and so is the community’s need for donations of cold weather gear. FBMJ Cares is collecting winter coats/gear to donate to the Foster Closet of Michigan-Western Wayne County. The Foster Closet is an all-volunteer, tax-exempt non-profit organization providing aid to the Foster Care Community. Often children
September 2020
FBMJ Congratulates Firm’s Michigan 2020 Super Lawyers® and Rising Stars® Attorneys
Foley, Baron, Metzger & Juip, PLLC is pleased to announce that ten attorneys have been named by Super Lawyers magazine to the 2020 Michigan Super Lawyers and Michigan Rising Stars lists. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who
September 2020
Pharmacies Can Be Sued For Ordinary Negligence But Not Medical Malpractice
By: Nicole Joseph-Windecker In its unanimous unpublished decision of Estate of Kevin Karl Gottschalk, by Kathleen Tocco, Personal Representative. v. Plumbrook Pharmacy, et al., the Michigan Court of Appeals held that pharmacies cannot be sued for medical malpractice as a matter of law. This ruling on September 17 was consistent with
September 2020
FBMJ Attorney Joseph McGill Elected Treasurer of the State Bar of Michigan
Foley, Baron, Metzger & Juip PLLC is pleased to announce that Joseph McGill, a principal with the firm, was recently elected as the treasurer of the State Bar of Michigan for the 2020-2021 bar year. McGill will be sworn in by Justice Bridget McCormack of the Michigan Supreme Court at
September 2020
FBMJ Attorneys Featured Presenters at MSHRM Event
FBMJ attorneys, Clyde M. Metzger and Mitchell C. Jackson, presented “Avoiding (Digital) Skeletons in the (Electronic) Closet” to the Michigan Society of Healthcare Risk Management (MSHRM) on September 16, 2020, as part of its Webinar series. The presentation covered current trends and legal issues surrounding the preservation of electronically-stored information (“ESI”),
September 2020
Attorney Anthony Pignotti Authors Article on COVID-19 Executive and Administrative Orders and Their Impact on the Legal System for MDTC Quarterly
FBMJ attorney Anthony Pignotti authored “Summary and Analysis of Executive and Administrative Orders Issued in Response to the COVID-19 Pandemic and Their Impact on the Legal System” for the September 2020 issue of Michigan Defense Quarterly Volume 37, No. 1 – 2020. The article addresses how COVID-19-related executive and administrative orders
August 2020
FBMJ Attorneys Win Change for Toxic Tort Causation Standards in Michigan
FBMJ Attorneys recently prevailed in convincing the Michigan Court of Appeals to require more stringent causation proofs from plaintiffs in toxic tort cases. The case will have far reaching consequences for all toxic tort cases, as the opinion brought causation analysis in Michigan toxic tort cases in-line with the causation
August 2020
2021 Medical Marijuana Licensing Fees – Not So High
The annual regulatory fees set by state regulators and paid by licensed medical marijuana businesses are significantly decreasing – by up to 70% for some licensees. The decrease in these fees, which cover costs incurred by the state in maintaining the state medical marijuana program, is a welcome development to
