Marijuana Dispensary Snubbed in Alleged Bribery Scheme Can Pursue Claims, Appellate Division Rules – Law.com
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A wrongful termination lawsuit claimed Jersey City's mayor agreed to steer legal work to the Hoboken mayor's private law firm in exchange for putting the kibosh on Nature’s Touch’s application.
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In a case embroiling a high-profile New Jersey mayor in allegations of political favoritism, the Appellate Division has found a medical marijuana dispensary can sue for tortious interference over being denied in its license application process.
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“Plaintiff argues the court’s finding the record was deficient to determine the sufficiency of the Niece defendants’ contacts is inconsistent with the court’s decision to dismiss the complaint with prejudice. Because the trial court found that a jurisdictional determination hinged on this missing information, we are satisfied the court erred in dismissing the case with prejudice at this juncture,” the Appellate Division said.
“While it is true claims of defamation and trade libel can sometimes overlap and merge when the same disparaging statements cause harm to a person’s personal reputation and the person’s business or product, this is not such a case,” the Appellate Division wrote.
“Protecting vulnerable patients and their doctors (not to mention avoiding friction with other states) justifies the residency requirement under any applicable test. The Constitution leaves moral questions like these to the states. New Jersey has answered them carefully, so we will affirm,” U.S. Court of Appeals for the Third Circuit Judge Stephanos Bibas said.
“The Port Authority’s bylaws expressly promise that the agency ‘shall’ pay the legal fees of its employees when they are acquitted of criminal charges, as Mr. Baroni was following the unanimous decision of the U.S. Supreme Court,” Baroni’s attorney said.
The appellate division ruled Thursday that Sherri Affrunti would receive a longer time window to consider comparative employee salary data in her gender-and-pay discrimination lawsuit against her former firm, Reed Smith.
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