Year: 2021

What NJ Municipalities Need to Know About the State’s New Cannabis Laws

What NJ Municipalities Need to Know About the State’s New Cannabis Laws

On February 22, 2021, Gov. Phil Murphy signed legislation legalizing cannabis use and possession for adults 21 years and older… On February 22, 2021, Gov. Phil Murphy signed legislation legalizing cannabis use and possession for adults 21 years and older, establishing the regulatory framework for legal cannabis. Gov. Murphy also

NJ Supreme Court Rules Investment Adviser Can Sue over Rescinded Employment Offer

In Jed Goldfarb v. David Solimine (A-24-19/083256) (Decided February 18, 2021), the Supreme Court of New Jersey held that New Jersey’s Uniform Securities Law of 1997 does not bar an investment advisor’s promissory estoppel claim for reliance damages in connection with a rescinded job offer. While the defendant argued that

NJ Supreme Court Addresses When Pre-Trial Detainees Can Challenge Detention in Light of COVID-19

The Supreme Court of New Jersey recently addressedthe impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. In the Matter of the Request to Release Certain Pretrial Detainees (M-550-20/085186) (Decided February 11, 2021), the court declined to grant categorical

NJ Attorney General Adopts Revised Use of Force Policy

NJ Attorney General Adopts Revised Use of Force Policy

Last month, New Jersey Attorney General Gurbir S. Grewal announced significant changes to the statewide “Attorney General Directive Establishing the Use of Force Policy and Procedures” (Use of Force Policy) that must be followed by all state, county, and local law enforcement officers in New Jersey. This is the first time that

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

Federal District Court Strikes Down New Jersey Cemetery Act

The United States District Court for the District of New Jersey recently struck down the New Jersey Cemetery Act. In Rosedale and Rosehill Cemetery Association v. Twp. of Readington, the federal court ruled that the statute, which empowers municipalities to consent to new cemeteries within their borders, is unconstitutionally vague.  

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

In Hassan v. Borough of Emerson, the Appellate Division of the New Jersey Superior Court held that a plaintiff’s complaint in lieu of prerogative writs challenging a resolution granting site approval for a redevelopment project was time-barred because it was not filed within the required 45-day period. The court’s decision

NJ Supreme Court Holds Volunteering Employee Entitled to Workers Comp

In Goulding v. NJ Friendship House, Inc., (A-48-19/083726) (Decided February 8, 2021), the Supreme Court of New Jersey held that an employee volunteering at an employer-sponsored event was entitled to compensation for her injuries under the state’s Worker’s compensation Act. According to the unanimous court, plaintiff Kim Goulding’s role at