Month: September 2021

NJ Supreme Court Rules Dog Bite Statute’s Strict Liability Applies to Independent Contractor

In Bonay Goldhagen v. Susan Pasmowitz (A-17-20/084668) (Decided August 5, 2021), the Supreme Court of New Jersey held that the Dog Bite Statute’s strict liability standard applies to the claim of an independent contractor who agrees to care for a dog. According to the court, the statute’s plain language reveals

Can NJ Schools Still Provide Special Education Services Remotely?

Can NJ Schools Still Provide Special Education Services Remotely?

The New Jersey Department of Education rescinded the COVID-19 pandemic-related emergency rule allowing special education services to be provided virtually… Effective September 8, 2021, the New Jersey Department of Education rescinded the COVID-19 pandemic-related emergency rule allowing special education services to be provided virtually. However, school districts may continue to

NJ Supreme Court Rules Pension Forfeiture Not a Fine Subject to Excessive-Fine Analysis

In State v. Bennie Anderson (A-15/16-20) (084365) (Decided August 11, 2021), the Supreme Court of New Jersey held that the forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an excessive-fine analysis under the Federal or State Constitutions. Because the forfeiture is not a

New Jersey Supreme Court Clarifies Tort Claims Act Notice Requirements

In H.C. Equities, LP v. County of Union (A-1/2-20/084556) (Decided July 19, 2021), the Supreme Court of New Jersey held that multiple documents cannot collectively constitute effective notice of a tort claim under the Tort Claims Act (TCA or Act). TCA Notice Requirements The TCA requires a claimant seeking to

New Law Requires NJ School Districts to Implement Anti-Hazing Policies

New Law Requires NJ School Districts to Implement Anti-Hazing Policies 

On August 24, 2021, New Jersey Gov. Phil Murphy signed Timothy J. Piazza’s Law… On August 24, 2021, New Jersey Gov. Phil Murphy signed Timothy J. Piazza’s Law. The new law requires public and non-public middle schools and high schools, as well as higher education institutions, to adopt anti-hazing policies

DCA Model Statewide Municipal EV Ordinance Now in Effect

DCA Model Statewide Municipal EV Ordinance Now in Effect

A Model Statewide Municipal Electric Vehicle (EV) Ordinance is now in effect throughout New Jersey. The ordinance was mandated under a new law, S-3223 (P.L.2021, c.171), requiring that Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready parking spaces be designated as a permitted accessory use in all zoning or use districts in New Jersey. The

New Jersey Supreme Court Upholds Virtual Jury-Selection Process

In State v. Dangcil (A-56-20/085665) (Decided August 16, 2021), the Supreme Court of New Jersey rejected defendant Wildemar A. Dangcil’s challenges to the hybrid jury-selection process implemented by the New Jersey Judiciary in response to the COVID-19 pandemic. The court unanimously held that the process did not deprive him of

New Jersey Supreme Court to Let Jury Decide If Jersey City Officers Entitled to Immunity

In Estate of Hiram A. Gonzalez v. City of Jersey City (A-19-20/084381) (Decided August 4, 2021), the Supreme Court of New Jersey held that the immunities from liability provided by the Good Samaritan Act, a statute that immunizes officers from civil or criminal liability for assisting persons intoxicated in a