Barbara Chasin, Plaintiff-Appellant and Cross-Respondent v. Montclair State University, the State of New Jersey and…

Summary

The Court affirmed the Appellate Division’s judgment, holding that Professor Chasin is not entitled to indemnification under the Tort Claims Act because the underlying suit sought injunctive relief, not tort damages, and because she willfully disregarded the Attorney General’s advice; the Court also held that the higher‑education indemnification statute (N.J.S.A. 18A:60‑4) was implicitly repealed by the Tort Claims Act. Separate dissenting opinions argued that the Attorney General’s advice was not binding and that Chasin should be indemnified.