About David B. Rubin

Listed, Who's Who in American Law. Author: "Courtus Interruptus: One Lawyer's Experience in the Life of the Law," New Jersey Lawyer Magazine, April, 2003; "Interscholastic Athletics-Property Rights and Due Process Implications," Inquiry & Analysis, September, 1988; "Department of Education Office for Civil Rights Under the Civil Rights Restoration Act," 1989 School Law in Review; "Religion, Schools and The U.S. Constitution," National School Boards Association, 2008; "School Board Member Liability Under Section 1983," National School Boards Association, 1992. City Prosecutor of New Brunswick, 1978-1979. Municipal Court Judge, City of New Brunswick, 1979-1981. Counsel, Board of Education: Piscataway Township, 1977- ; Branchburg Township, 1996-; Roosevelt, 1986-; Matawan-Aberdeen Regional, 2009-; East Windsor Regional, 2009-; Manville, 2000- ; Spotswood, 2007-; Kearny, 2011-; President, New Jersey Association of School Attorneys, 1988-1991. Member, Board of Directors and Chairman, National Council of School Attorneys, 1988-2001; Member, Board of Directors, National School Boards Association, 1996-1997

 

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Services

Areas of Law

  • Commercial Litigation
  • Corporate Law 1
    • Corporate Litigation
  • Education Law
  • Labor and Employment
  • Civil Rights
  • Constitutional Law
  • Legal Ethics and Professional Responsibility

Practice Details

  • Firm Information
    Position
    Member
    Firm Name
    David B. Rubin, P.C. Attorney at Law
  • Representative Cases & Transactions
    Cases
    C.N. v. Ridgewood Board of Education, 146 F. Supp.2d 528 (D.N.J. 2001), aff'd in part, rev'd in part
    rem
    ed, No. 01-1637 (3rd Cir. 2001) (unreported), decision on rem
    , 319 F. Supp. 2d 483 (D.N.J. 2004), aff'd, 430 F.3d 159 (3d Cir. 2005). Dismissing First
    Fourteenth Amendment challenge to administration of a student survey
    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
    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
    In re Felmeister & Isaacs, 104 N.J. 515, 518 A.2d 188 (1986). Successful First Amendment challenge to New Jersey's lawyer advertising regulations
    Matter of Felmeister, 95 N.J. 431, 471 A.2d 775 (1984). Availability of federal unconstitutionality as defense to attorney ethics charge
    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
    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 v
    alism of school facilities by their children
    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
    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
    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
    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
    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
    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 h
    icapped pupils
    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 L
    Use Law definition of "subdivision" as applied to subdivision maps filed
    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
    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
    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
    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
    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
    Felmeister v. Office of Attorney Ethics, 856 F.2d 529 (3rd Cir. 1988). Analyzed abstention
    ripeness issues on challenge to attorney advertising regulations
    Brunswick Bank & Trust Company v. United States, 707 F.2d 1355 (Fed. Cir. 1983). Analyzed burden of proof issues in secured transaction litigation
    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 H
    icapped Children Act
    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
    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
    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
    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
    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 st
    ards for vicarious employer liability
    availability of punitive damages against public entities under the Conscientious Employee Protection Act
    Costello v. Ocean County Observer, 136 N.J. 594, 643 A.2d 1012 (1994)
    Determined st
    ards for applying the "fair report" privilege to a media defendant in a defamation case
    Waste Conversion v. Sims, 868 F. Supp. 643 (D.N.J. 1994)
    Analyzed length of delay in conducting a hearing under Due Process Clause
    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
    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 st
    ard for school district liability in sexual abuse cases under the Fourteenth Amendment
    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
    Abbamont v. Piscataway Tp. Bd. of Educ., 314 N.J. Super. 293, 714 A.2d 958 (App. Div. 1998)
    On rem
    from New Jersey Supreme Court, readdressed issues of punitive damages, reinstatement
    counsel fees in claim under Conscientious Employee Protection Act
    Matter of Oleckna, 155 N.J. 357, 715 A.2d 216 (1998)
    Addressed guidelines for attorney solicitation of mass disaster victims
    Data Systems Analysts, Inc. v. Netplex Group, 187 F.R.D. 181 (D.N.J. 1999)
    Addressed st
    ard for revocation of pro hac vice admission where misconduct was caused by psychiatric problems
    In re Forrest, 158 N.J. 428, 730 A.2d 340 (1999)
    Attorney who failed to disclose to an arbitrator
    an adversary that his client had died was suspended from the practice of law for six months
    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
    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 m
    atory consequence at the time of sentencing
    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
    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
    taxpayers
    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
    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 st
    ard
    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
    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
    Stoddard v. Rutgers, 24 N.J. Tax. 187 (2008). Addressing tax exempt status of graduate family housing apartment units. New Jersey Association of School Administrators v. Schundler, N.J., A.3d (2012). Addressing validity of regulations limiting sick leave payouts of public school administrators

Experience

  • Bar Admission & Memberships
    Admissions
    1977, New Jersey
    U.S. District Court, District of New Jersey
    U.S. Courts of Appeals, Second, Third and Federal Circuits
    U.S. Claims Court
    U.S. Supreme Court
    1985, New York
    Memberships
    Middlesex County, New Jersey State and American Bar Associations
    New Jersey Association of School Attorneys
    National School Boards Association Council of School Attorneys
  • Education & Certifications
    Law School
    Rutgers University
    Class of 1977
    J.D.
    Other Education
    Duke University
    B.A.
    Public Policy Studies and Economics

    Duke University
    B.A.
    magna cum laude

    New York University School of Law
    Taxation
  • Personal Details & History
    Age
    Born in 1953
    Perth Amboy, New Jersey, March 13, 1953
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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    David B. Rubin was admitted in 1977 to the State of New Jersey.
  • Is this attorney admitted to practice in any U.S. Federal Courts?
    David B. Rubin is admitted to practice before the United States Court of Federal Claims, United States District Court for the District of New Jersey and United States Supreme Court.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, David B. Rubin has a 4.9 Peer Rating from Martindale-Hubbell.
  • What law school did this attorney attend?
    David B. Rubin attended Rutgers University.