Month: April 2019

Legislative Review Clause

NJ Supreme Court Upholds Use of Legislative Review Clause

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

NJ Supreme Court Clarifies Eyewitness ID Standards

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. Murphy Signs “Alyssa’s Law” Requiring Panic Alarms in New Jersey Schools

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

filing fee

Appellate Division Strikes Down County Register’s Convenience Fee for Electronic Filing

In New Jersey Land Title Association v. Rone, ___ N.J. Super. ___ (App. Div. 2019), the Appellate Division addressed whether a county register or clerk has the authority to charge a “convenience fee” for the electronic filing of documents regarding real property. The Appellate Division held that under New Jersey law such fees

Car Insurance

NJ Supreme Court Maintains Status Quo in Car Insurance Ruling

In Joshua Haines v. Jacob W. Taft, (A-13/14-17) (Decided March 26, 2019), the Supreme Court of New Jersey held that that plaintiffs who elected limited $15,000 personal injury protection (PIP) coverage can’t seek economic damages for the difference between their reduced limit and the amount of their unpaid medical bills, totaled

NJ Municipalities Covered under New Minimum Wage Law

Gov. Phil Murphy recently signed minimum wage legislation into law. One of the biggest changes took effect immediately – New Jersey municipalities, counties and schools are now covered under New Jersey’s minimum wage law.  Minimum Wage Law Includes Government Entities Previously, the state government and local government entities were exempt

Caraballo

New Jersey Supreme Court Clarifies Relationship Between Workers’ Comp and NJLAD

By Donald Scarinci In Caraballo v. City of Jersey City, (A-71-17/080467) (Decided March 29, 2019), the Supreme Court of New Jersey held that police detective Frank Caraballo’s failure to utilize the New Jersey Workers’ Compensation Act’s (Act) administrative remedies to obtain knee replacement surgery precluded his failure-to-accommodate claim under the