NJ-Supreme-Court-Rules-Due-Process-Protections-Needed-in-COVID-19-Prisoner-Release-Process

NJ Supreme Court Rules Due Process Protections Needed in COVID-19 Prisoner Release Process

The Supreme Court of New Jersey recently held that due process protections must be added to the process by which New Jersey prisoners may seek a medical furlough under Executive Order 124. Specifically, the court held in In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings,

New Jersey Supreme Court Extends Asbestos Liability

New Jersey Supreme Court Extends Asbestos Liability

In Arthur G. Whelan v. Armstrong International, Inc., (A-40/41/42/43/44/45/46-18/081810) (Decided June 3, 2020), the Supreme Court of New Jersey ruled that asbestos liability can extend to third-party replacement parts. The court specifically held thatmanufacturers and distributors can be found strictly liable for failure to warn of the dangers of their

In S.C. v. New Jersey Department of Children and Families (A-57-18/081870) (May 27, 2020), the Supreme Court of New Jersey raised serious concerns about the “not established” finding used by the New Jersey Department of Children and Families (DCF or Department)

NJ Supreme Court Raises Concerns About DCF’s “Not Established” Standard

In S.C. v. New Jersey Department of Children and Families (A-57-18/081870) (May 27, 2020), the Supreme Court of New Jersey raised serious concerns about the “not established” finding used by the New Jersey Department of Children and Families (DCF or Department), characterizing it as “vague, amorphous, and incapable of any

NJ Supreme Court Clarifies Common Knowledge Exception to Affidavit of Merit Statute

NJ Supreme Court Clarifies Common Knowledge Exception to Affidavit of Merit Statute

In Cowley v. Virtua Health System (A-47-18/081891) (Decided May 4, 2020), the Supreme Court of New Jersey held that the “common knowledge” exception to the Affidavit of Merit Statute did not apply to the plaintiff, a hospital patient who removed her own breathing tube and refused replacement. Facts of Cowley

Divided NJ Supreme Court Upholds Workers Comp Carrier’s Subrogation Claim

Divided NJ Supreme Court Upholds Workers Comp Carrier’s Subrogation Claim

In New Jersey Transit Corporation v. Sandra Sanchez (A-68-18/082292) (Decided May 12, 2020), the Supreme Court of New Jersey held that New Jersey’s no-fault auto insurance scheme does not prohibit an employer from suing to recoup workers compensation costs it paid out for a worker’s car accident injuries.     Facts

NJ Supreme Court Rejects Teachers’ Vested Right Claim to Unpaid Sick Leave

NJ Supreme Court Rejects Teachers’ Vested Right Claim to Unpaid Sick Leave

In Barila v. Board of Education of Cliffside Park (A-39-18/081626) (Decided April 20, 2020), the Supreme Court of New Jersey held that Cliffside Park teachers’ right to compensation for unused sick leave did not constitute a vested right, and that the Board of Education of Cliffside Park and the Cliffside

DLGS Offers Guidance to Aid NJ Municipalities in Continuity of Operations

The Division of Local Government Services (DLGS) recently issued guidance aimed to help New Jersey municipalities maintain their operations amid the ongoing COVID-19 pandemic. According to the Division, the guidance “aims to provide some answers, and some structure, to help each of New Jersey’s local units successfully maintain continuity of government

Legislation Authorizing Electronic Public Notices Advances

Executive Order Allows Electronic Submission of Referendum Petitions

COVID-19 continues to change the way local government business is conducted in New Jersey. On April 29, Gov. Phil Murphy signed an executive order allowing county and municipal clerks to accept initiative and referendum petitions electronically. Executive Order 132 also authorizes signatures for these petitions to be collected electronically. The measure aims