Sixth Amendment

NJ Supreme Court to Address Limits of Sixth Amendment Right to Counsel

The New Jersey Supreme Court recently granted certification in State v. Luis A. Maisonet. The case involves the extent of the right to counsel under the Sixth Amendment. The Sixth Amendment, applicable to the states by virtue of the Fourteenth Amendment, ensures a defendant in a criminal prosecution shall enjoy

Will New Jersey Supreme Court Reverse Jenny Craig Arbitration Agreement?

The Supreme Court of New Jersey recently heard oral arguments in a closely-watched arbitration case. Flanzman v. Jenny Craig, Inc. involves the enforceability of arbitration agreements that fail to specify the logistics of arbitrating claims. Facts of Flanzman v. Jenny Craig, Inc. The plaintiff, Marilyn Flanzman (Flanzman) worked for Jenny

NJ Supreme Court Tackles Duty to Warn in Closely-Watched Asbestos Case

The New Jersey Supreme Court recently heard oral arguments in Whelan v. Armstrong International, which is predicted to have a significant impact on product liability law. The case involves whether a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the

NJ Supreme Court to Decide Fate of Newark’s Civilian Complaint Review Board

NJ Supreme Court to Decide Fate of Newark’s Civilian Complaint Review Board

The Supreme Court of New Jersey has agreed to consider Fraternal Order of Police Newark Lodge No. 12 v. City of Newark. The case involves the legality of Newark’s civilian complaint review board, which was established to investigate allegations of police misconduct. Facts of Fraternal Order of Police Newark Lodge No. 12 v. City of Newark The City of Newark enacted an ordinance

NJ Supreme Court to Address Indemnification of County Prosecutors

NJ Supreme Court to Address Indemnification of County Prosecutors

The Supreme Court of New Jersey recently agreed to hear Christopher J. Gramiccioni v. Department of Law and Public Safety. The case involves whether the Attorney General’s Office was required to indemnify the Monmouth County Prosecutor’s Office over a wrongful death lawsuit brought by the estate of a woman killed by

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

In Blake Gardens, LLC v. State of New Jersey, U.S. District Judge Peter Sheridan of the District of New Jersey struck down a New Jersey law that reclassified Alzheimer’s residences as health care facilities and placed them under the jurisdiction of the Department of Health (DOH). The law, New Jersey P.L. 2015 c.

Successfully Incorporating Mental Health into New Jersey Schools

Successfully Incorporating Mental Health into New Jersey Schools

Over the past decade, students aged 12-17 have experienced a 59 percent increase in depression and emotional disorders. In light of that, it is increasingly important for New Jersey schools to take a proactive approach to mental health. Under a new law, New Jersey schools must incorporate mental health into

Megan's Law

NJ Supreme Court Rejects Retroactive Application of Megan’s Law

In the Matter of Registrant, G.H. and G.A., (A-38-18/081737)(Decided October 29, 2019), the Supreme Court of New Jersey held that a provision of Megan’s Law that requires some sex offenders to register for life does not apply retroactively. Facts of Matter of Registrant, G.H. and G.A. Registrants G.H. and G.A.