Published Decisions

Mr. Rubin has participated in numerous precedent-setting cases before our state and federal courts, generating over fifty published opinions. To request a copy of any item of interest, e-mail us at [email protected].

1.  C.N. v. Ridgewood Board of Education, 146 F. Supp.2d 528 (D.N.J. 2001), aff’d in part, rev’d in part and remanded, No. 01-1637 (3rd Cir. 2001)(unreported), decision on remand, 319 F. Supp. 2d 483 (D.N.J. 2004), aff’d, 430 F.3d 159 (3d Cir. 2005). Dismissing First and Fourteenth Amendment challenge to administration of a student survey.

2.  Pasqua v. Council, 186 N.J. 127, 892 A.2d 663 (2006). Holding that indigent child support obligors are constitutionally entitled to appointment of legal counsel, but declining to require private attorneys to serve pro bono.

3.  Taxman v. Board of Education of the Township of Piscataway, 832 F.Supp. 836 (D.N.J. 1993), aff’d 91 F. 3d 1547 (3rd Cir. 1996), certiorari granted 521 U.S. 1117 (1997), appeal dismissed 522 U.S. 1010 (1997). Determined whether preserving racial diversity in a high school faculty was a valid reason for considering race as a factor in a layoff.

4.  In re Felmeister & Isaacs, 104 N.J. 515, 518 A.2d 188 (1986). Successful First Amendment challenge to New Jersey’s lawyer advertising regulations.

5.  Matter of Felmeister, 95 N.J. 431, 471 A.2d 775 (1984). Availability of federal unconstitutionality as defense to attorney ethics charge.

6.  Resnick v. East Brunswick Township Board of Education, 77 N.J. 88, 389 A.2d 944 (1978). Upheld constitutionality of school policy permitting use of facilities by religious groups.

7.  Board of Education of Piscataway Township v. Caffiero, 159 N.J. Super. 747, 387 A.2d 1263 (Law Div.), rev’d, 173 N.J. Super. 204, 413 A.2d 981 (App. Div.), aff’d, 86 N.J. 308, 431 A.2d 799 (1981), appeal dismissed, 434 U.S. 1025 (1982). Upheld constitutionality of statute holding parents strictly liable for vandalism of school facilities by their children.

8.  The Dixon Venture v. Joseph Dixon Crucible Company, 235 N.J. Super. 105, 561 A.2d 663 (App. Div. 1989), aff’d, 122 N.J. 228, 584 A.2d 797 (1991). Determined availability of damage remedy for buyer of industrial property under Environmental Cleanup Responsibility Act.

9.  In re Closing of Jamesburg High School, 83 N.J. 540, 426 A.2d 896 (1980). Interpretation of tenure rights upon creation of a sending-receiving relationship.

10.  Abbamont v. Piscataway Board of Education, 238 N.J. Super. 603, 570 A.2d 479 (App. Div. 1990). Determined unavailability of jury trial in actions under Conscientious Employee Protection Act.

11.  East Brunswick Board of Education v. East Brunswick Education Association, 235 N.J. Super. 417, 563 A.2d 55 (App. Div. 1989). Established proper procedures for contempt of hearing under R. 1:10-5.

12.  In re Probate of Alleged Holographic Will of Estelle B. Cohen, 200 N.J. Super. 538, 491 A.2d 1292 (App. Div. 1985). Construction of “forever & eternity” in holographic will.

13.  D.S. v. Board of Education of the Township of East Brunswick, 188 N.J. Super. 592, 458 A.2d 129 (App. Div. 1983). Upheld validity of regulation governing residential placement of handicapped pupils.

14.  Pasaro Builders, Inc. v. Township of Piscataway, 184 N.J. Super. 344, 446 A.2d 187 (App. Div. 1982), appeal dismissed 91 N.J. 278, 450 A.2d 588 (1983). Construed Municipal Land Use Law definition of “subdivision” as applied to subdivision maps filed.

15.  Great American Insurance Co. v. Lerman Motors Co., Inc., 200 N.J. Super. 319, 491 A.2d 729 (App. Div. 1981). Proper construction of fire policy to include lost business.

16.  Klink v. Township Council of the Township of Monroe, 181 N.J. Super. 25, 436 A.2d 545 (App. Div. 1981). Determined constitutionality of municipal assumption of certain costs of condominium association.

17.  Piscataway Township Board of Education v. Piscataway Township Education Association, 164 N.J. Super. 102, 395 A.2d 882 (App. Div. 1978). Analyzed validity of reduction in work hours under public sector labor law.

18.  In re Piscataway Township Board of Education, 164 N.J. Super. 98, 395 A.2d 880 (App. Div. 1978). Analyzed validity of reduction in work hours under public sector labor law.

19.  Piscataway Township Board of Education v. Burke, 158 N.J. Super. 436, 386 A.2d 439 (App. Div. 1978). Upheld constitutionality of racial balance guidelines in public school classrooms.

20.  Felmeister v. Office of Attorney Ethics, 856 F.2d 529 (3rd Cir. 1988). Analyzed abstention and ripeness issues on challenge to attorney advertising regulations.

21.  Brunswick Bank & Trust Company v. United States, 707 F.2d 1355 (Fed. Cir. 1983). Analyzed burden of proof issues in secured transaction litigation.

22.  T.G. v. Board of Education of Piscataway, 576 F. Supp. 420 (D.N.J. 1983). Determined whether psychotherapy is a “related service” under the Education of All Handicapped Children Act.

23.  Bd. of Ed. Piscataway Tp. v. Piscataway Maintenance & Custodial Assn., 152 N.J. Super. 235, 377 A.2d 938 (App. Div. 1977). Invalidated a contractual extended sick leave clause.

24.  Frank A. Greek & Sons, Inc. v. Twp. of South Brunswick, 257 N.J. Super. 94, 607 A.2d 1359 (App. Div. 1992). Addressed retention of developer contributions to municipalities for affordable housing.

25.  Fair Oaks Hospital v. Pocrass, 266 N.J. Super. 140, (Law Div. 1993). Found psychiatrist liable for false imprisonment in connection with procedurally defective involuntary commitment.

26.  United States v. Board of Education of the Township of Piscataway, 798 F.Supp. 1093 (D.N.J. 1992). Determined appropriate statute of limitations for claims under New Jersey Law Against Discrimination.

27.  Abbamont v. Piscataway Township Board of Education, 269 N.J. Super. 11, 634 A.2d 538 (App. Div. 1993), affirmed 138 N.J. 405 (1994). Determined standards for vicarious employer liability and availability of punitive damages against public entities under the Conscientious Employee Protection Act.

28.  Costello v. Ocean County Observer, 136 N.J. 594, 643 A.2d 1012 (1994). Determined standards for applying the “fair report” privilege to a media defendant in a defamation case.

29.  Waste Conversion v. Sims, 868 F. Supp. 643 (D.N.J. 1994). Analyzed length of delay in conducting a hearing under Due Process Clause.

30.  State of New Jersey v. Shein, 283 N.J. Super. 588, 662 A.2d 1020 (App.Div. 1995). Established “actual value” rather than “market value” as determining factor in eminent domain proceedings.

31.  C.P. v. Township of Piscataway Board of Education, 293 N.J.Super. 421, 681 A. 2d 105 (App.Div. 1996) Established “deliberate indifference” as the standard for school district liability in sexual abuse cases under the Fourteenth Amendment.

32.  Piscataway Township Education Association v. Piscataway Township Board of Education, 307 N.J.Super. 263 (App.Div. 1998). Determined negotiability of impact of school calendar changes.

33.  Abbamont v. Piscataway Tp. Bd. of Educ., 314 N.J. Super. 293, 714 A.2d 958 (App. Div. 1998). On remand from New Jersey Supreme Court, readdressed issues of punitive damages, reinstatement and counsel fees in claim under Conscientious Employee Protection Act.

34.  Matter of Oleckna, 155 N.J. 357, 715 A.2d 216 (1998). Addressed guidelines for attorney solicitation of mass disaster victims.

35.  Data Systems Analysts, Inc. v. Netplex Group, 187 F.R.D. 181 (D.N.J. 1999). Addressed standard for revocation of pro hac vice admission where misconduct was caused by psychiatric problems.

36.  In re Forrest, 158 N.J. 428, 730 A.2d 340 (1999). Attorney who failed to disclose to an arbitrator and an adversary that his client had died was suspended from the practice of law for six months.

37.  Abbamont v. Piscataway Township Bd. of Educ., 163 N.J. 14, 746 A.2d 997 (1999).  Affirmance by evenly divided Supreme Court is the “law of the case” in that matter, but of no precedential weight in future cases.

38.  State of New Jersey v. Ercolano, 335 N.J. Super. 236, 762 A.2d 259 (App. Div. 2000). Addressed procedures for forfeiture of public employment when trial judge neglects to impose this mandatory consequence at the time of sentencing.

39.  In re Distribution of Liquid Assets Upon Dissolution of the Union County Regional High School District No. 1, 168 N.J. 1, 773 A.2d 6 (2001). Addressed procedures for distribution of assets among constituent school districts following break-up of regional district.

40.  Stubaus v. Whitman, 339 N.J. Super. 38, 770 A.2d 1222 (App. Div. 2001). Rejected challenge to New Jersey’s public school funding formula by “middle-income” school districts and taxpayers.

41.  Somerville Board of Education v. Manville Board of Education, 167 N.J. 55, 768 A.2d 779 (2001). Addressed cost-sharing arrangement between school districts for special education placement of student in joint custody.

42.  Dunlea v. Township of Belleville, 349 N.J. Super. 506, 793 A.2d 888 (App. Div. 2002). Police officer’s conduct in causing injury to innocent party while en route to a crime scene is to be judged by a recklessness standard.

43.  Cosgrove v. Cranford Board of Education, 356 N.J. Super. 518, 813 A.2d 591 (App. Div. 2003). Dismissing claim by school custodian under Conscientious Employee Protection Act.

44.  Kuhn v. Tumminelli, 366 N.J. Super. 431, 841 A.2d 496 (App. Div. 2004). Addressing agency principles as applied to members of limited liability companies.

45.  Stoddard v. Rutgers, 24 N.J. Tax. 187 (2008). Addressing tax exempt status of graduate family housing apartment units.

46.  New Jersey Association of School Administrators v. Schundler, 211 N.J. 535, 49 A.3d 860 (2012). Addressing validity of regulations limiting sick leave payouts of public school administrators.

47.  In re Committee on Attorney Advertising Dkt. No. 47-2007, 213 N.J. 171, 61 A.3d 930 (2013). Permitting use of trade names by law firms, subject to regulations to be developed by Supreme Court committee.

48.  Schoenefeld v. New York, 748 F.3d 464 (2d Cir. 2014), subsequent opinion  821 F.3d 273 (2nd Cir. 4/22/16), petition for certiorari denied  (filed amicus brief on behalf of The New Jersey State Bar Association). Addressing constitutionality of New York in-state office requirement for nonresident attorneys.

49.  American Humanist Association v. Matawan-Aberdeen Regional School District, 440 N.J. Super. 582, 115 A.3d 252 (Law Div. 2015).  Rejected challenge to recitation of Pledge of Allegiance under New Jersey State Constitution.

50.   Angus v. Metuchen Board of Education, 475 N.J. Super. 362 (App. Div. 2023).  Addressing the applicability of statutory sick leave to COVID-related absences.