In Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-2/3-17/079470 (March 4, 2019), the New Jersey Supreme Court held that the admissibility of medical expert testimony using terms such as “somatization” and “symptom magnification” must be determined by trial courts on a case-by-case basis, consistent with the New Jersey Rules of Evidence
In Mondsini v. Local Finance Board, ___ N.J. Super. ___ (App. Div. 2019), the Appellate Division of the New Jersey Superior Court clarified the standard to assess when the conduct of public officials runs afoul of the Local Government Ethics Law (LGEL). The case involves whether the Executive Director of the
In In re Accutane Litigation, No. 079958, 2018 WL 3636867 (Decided Aug. 1, 2018), the Supreme Court of New Jersey provided much-needed clarity regarding the admissibility of scientific evidence under the New Jersey Rules of Evidence. Although the state’s highest court stopped short of declaring New Jersey a “Daubert jurisdiction,”
In State v. Eileen Cassidy, (A-58-16/078390) (Decided November 13, 2018), the Supreme Court of New Jersey held that breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible. The decision called into question thousands of convictions for driving while intoxicated (DWI). Facts of State v.
In All the Way Towing, LLC v. Bucks County Int’l, Inc., (A066/67-17) (Decided January 24, 2019), the Supreme Court of New Jersey held that the Consumer Fraud Act’s (CFA) definition of “merchandise” should be liberally construed. It went on to hold that the definition extends to a customized tow truck.
On January 31, 2019, the New Jersey State Senate approved legislation that amends the Local Public Contracts Law to require municipalities, counties and other local contracting units to release the names, upon request, of all parties who have received bid documents, if three or more parties have received such documents.
In Kocanowski v. Township of Bridgewater, (A-55-17/080510) (Decided February 19, 2019), the Supreme Court of New Jersey held that the lack of outside employment did not disqualify a volunteer firefighter from receiving disability benefits. According to the court, N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing
The U.S. Supreme Court declined to hear a First Amendment case that could have clarified whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students. The case, Kennedy v. Bremerton School District, involved a football coach who was terminated after
