Photo: Diego M. Radzinschi/ALM School Bus Abuse Decision Is Discrimination Redefined
How the 'C.V.' ruling will be applied, and whether that common-sense-defying definition of discrimination is good public policy, remain to be seen.
October 29, 2023 at 10:00 AM
5 minute read
Civil Procedure
Do hard facts make bad law? C.V. v. Waterford Township Board of Education, (Sept.12, 2023), certainly presented the New Jersey Supreme Court with hard, horrific facts. And the court's timing in issuing its opinion—this was the only case argued last term and decided this term—suggests that it did not find the issue an easy one. Whether its application of the Law Against Discrimination to those facts has resulted in bad law with unintended consequences remains to be seen.
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