Year: 2021

By 68.39.174.238 - Courtesy of User:68.39.174.238 (re-uploading to fix file name), uploaded by BD2412 T 13:20, 14 June 2006 (UTC), Public Domain, https://commons.wikimedia.org/w/index.php?curid=74276952

NJ Supreme Court Rules Courts Can’t Subject Defendant to Enhanced Sentencing for Conduct Jury Found Defendant Not Guilty

In the consolidated cases of State v. Mark Melvin (A-44-19/083298) (Decided September 23, 2021) and State v. Michelle Paden-Battle (A-13-20/084603) (Decided September 23, 2021), the Supreme Court of New Jersey addressed whether a trial judge can consider a defendant’s alleged conduct for crimes for which a jury returned a not

NJ Supreme Court Clarifies Burden of Proof in Child Abuse and Neglect Cases

In New Jersey Division of Child Protection and Permanency v. J.R.-R. (A-56/57-19) (Decided September 27, 2021), the Supreme Court of New Jersey clarified that in a case where the Division of Child Protection and Permanency (DCPP) has established that a child has been abused or neglected while in the care

The Equal Employment Opportunity Commission (EEOC) recently updated its guidance regarding COVID-19 vaccination. The latest update addresses religious objections to employer COVID-19 vaccine requirements and how they interact with federal labor laws.

EEOC Issues Updated Vaccine Guidance for Employers

The EEOC recently updated its guidance regarding COVID-19 vaccination… The Equal Employment Opportunity Commission (EEOC) recently updated its guidance regarding COVID-19 vaccination. The latest update addresses religious objections to employer COVID-19 vaccine requirements and how they interact with federal labor laws. “This update provides employers, employees, and applicants with important

NJ Supreme Court Sets Consent Standard for Intoxicated Victim Under SASPA

In C.R. v. M.T. (A-58-19/083760) (Decided September 28, 2021), the Supreme Court of New Jersey addressed what standard should apply in determining whether an alleged sexual assault victim was too intoxicated to give consent under the Sexual Assault Survivor Protection Act of 2015 (SASPA). It concluded that the standard should

NJ Supreme Court Holds Dog Ownership Records Not Exempt From OPRA Requests

In Bozzi v. Jersey City, (A-12-20/084392) (Decided September 20, 2021), the Supreme Court of New Jersey held that owning a dog is a substantially public endeavor in which people do not have a reasonable expectation of privacy that exempts their personal information from disclosure under the privacy clause of the

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