What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

The U.S. Supreme Court continues to issue decisions impacting New Jersey municipalities. In Shurtleff v. City of Boston, 596 U. S. ____ (2022), the U.S. Supreme Court held that the city of Boston violated the First Amendment when it rejected an application to fly a Christian flag on one of

Law Enforcement & Personal Use Cannabis

Law Enforcement & Personal Use Cannabis

On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.  Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions.  Some expressed support,

NJ Supreme Court Rules Prior Uncounseled DWI Convictions Can’t Be Used to Enhance Sentence for Subsequent DWI Convictions

In State v. Michael A. Konecny (A-21-20/084880) (Decided April 5, 2022), the Supreme Court of New Jersey held a previous uncounseled conviction for driving while intoxicated (DWI) can’t be used to enhance a sentencing scheme for subsequent DWI convictions. The court further holds that a conviction vacated through post-conviction relief

Controversy Over Sexual Health in New Jersey’s Student Learning Standards for Comprehensive Health & Physical Education

How to teach students about sexual health has become a controversial topic in recent years, and New Jersey is no exception. As the New Jersey Student Learning Standards for Comprehensive Health and Physical Education (NJSLS-CHPE) are debated in the media, it is essential that local school districts understand how the standards

NJ Supreme Court Rules Detectives’ Contradicting Miranda Warnings Invalidated Waiver

In State v. O.D.A.-C. (A-78-20/085608) (Decided May 2, 2022), the Supreme Court of New Jersey held that because a detective repeatedly contradicted and minimized the significance of the Miranda warnings, the State could not shoulder its heavy burden of proving the defendant’s waiver was voluntary. Facts of State v. O.D.A.-C.

NJ Supreme Court Orders New Trial on All Damages After Jury Given Erroneous Instructions

In Graphnet, Inc. v. Retarus, Inc. (A-71-20/085529) (Decided February 11, 2022), the Supreme Court of New Jersey ruled that a new trial on damages was required after the jury received confusing instructions on the purpose of nominal damages by stating in the same instructions that nominal damages compensate a plaintiff

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

In City of Austin, Texas v. Reagan National Advertising of Austin, LLC, the U.S. Supreme Court held that the City of Austin’s sign ordinance, which regulates “off-premises” signs more strictly than “on-premises” signs, was facially content-neutral. Accordingly, the Court remanded the case to the lower court to apply intermediate rather than

NJ Supreme Court Rules Attorney Review Requirement for Palimony Agreements Is Unconstitutional

In Kathleen M. Moynihan v. Edward J. Lynch (A-64-20/085157) (Decided March 8, 2022), the Supreme Court of New Jersey held that N.J.S.A. 25:1-5(h)’s provision compelling parties to seek the advice of counsel — and therefore retain counsel — before signing a palimony agreement violates the substantive due process guarantee of