In State v. Dwight M. Nelson, (A-60-17/080159) (Decided May 8, 2019), the Supreme Court of New Jersey held that the wait for a canine unit’s arrival prolonged the defendant’s traffic stop. However, the delay was justified by independent reasonable and articulable suspicion that defendant possessed drugs and, therefore, did not
n Frances Green v. Monmouth University, (A-63-17/080612) (Decided May 7, 2019), the Supreme Court of New Jersey held that Monmouth University is entitled to charitable immunity in a lawsuit involving an injury suffered at a Martina McBride concert on campus in 2012. According to the Court, the “concert was promoting the
In McClain v. Board of Review, (A-52-17/080397) (Decided April 29, 2019), the Supreme Court of New Jersey clarified when employees are entitled to unemployment insurance (UI) benefits. It held that an individual who has accepted an offer of employment from a second employer only to have the offer rescinded through
In Tirpak v. Borough of Point Pleasant Beach Bd. of Adjustment, the Appellate Division of the New Jersey Superior Court invalidated a variance provision and associated deed restriction that required one unit of a two-family dwelling to be occupied by the owner and not rented to a third-party tenant. The decision
The New Jersey Senate recently passed legislation that would establish an economic development incentive program to encourage business growth in the commercial areas of smaller municipalities. A companion bill is pending before the Assembly Commerce and Economic Development Committee. Main Street Assistance Program Senate Bill No. 2256would establish the “Main
In Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, (NJ 2018) the Supreme Court of New Jersey held that the Legislature properly invoked the Legislative Review Clause. Legislative Review Clause In 1992, the New Jersey Constitution was amended to include the Legislative Review Clause. It authorizes the
In State v. Anthony (A-11-17/079344)(Decided March 13, 2019), the Supreme Court of New Jersey clarified the process law enforcement officers must follow when they ask eyewitnesses to try to identify a suspect. In doing so, the state’s highest court mandated several new safeguards for the admission of eyewitness identification evidence.
Gov. Phil Murphy recently signed “Alyssa’s Law,” which will require public school buildings to be equipped with panic alarm linked to local law enforcement. The new law is named in honor of Alyssa Alhadeff, a New Jersey native who was killed on February 14, 2018 in the Parkland, Florida high school