NJ Supreme Court Suppresses Gun Evidence in State v. Chisum

In State v. Chisum (decided February 5, 2019) the Supreme Court of New Jersey held that police officers lacked a reasonable suspicion to justify detaining 10 party guests in a motel room after concluding their investigation of a noise complaint. Accordingly, the weapons they discovered during the investigatory detention were

New Jersey Supreme Court Rules AG Not Required to Indemnify County Police Officers

In Kaminskas v. State (NJ, 2019) the Supreme Court of New Jersey held that each county — not the Attorney General — is responsible for defending and potentially indemnifying its police officers. The court’s decision was unanimous. Legal Background  The New Jersey Tort Claims Act governs the defense and indemnification

Federal Court Strikes Down New Jersey’s BYOB Advertising Ban

Federal Court Strikes Down New Jersey’s BYOB Advertising Ban

New Jersey’s ban on restaurants advertising “bring your own beer” (BYOB) is unconstitutional, according to a recent federal court decision. In GJJM Enterprises v. City of Atlantic City, Judge Joseph Rodriguez of the District of New Jersey ruled that the ban “places a content-based restriction on speech that fails strict scrutiny

consumer arbitration agreement

New Jersey Supreme Court Strikes Down Consumer Arbitration Agreement

In Kernahan v. Home Warranty Administrator of Florida, the Supreme Court of New Jersey refused to enforce a mandatory arbitration agreement in a home warranty contract because it lacked mutual assent. The court did not reach the argument of whether its ruling in Atalese v. U.S. Legal Services Group should