Month: June 2023

New Jersey Supreme Court Rules Galvao Test for Borrowed Attorneys to Be Decided by Jury

New Jersey Supreme Court Rules Galvao Test for Borrowed Attorneys to Be Decided by Jury

In Pantano v. New York Shipping Association (A-19-22/087217) (Decided June 7, 2023), the Supreme Court of New Jersey held that an employer’s vicarious liability under the borrowed-employee doctrine, as guided by the test set forth in Galvao v. G.R. Robert Construction Co., 179 N.J. 462, 471-73 (2004), is presumptively for

NJ Supreme Court Takes on Key Arbitration Waiver Issue

NJ Supreme Court Takes on Key Arbitration Waiver Issue

The Supreme Court of New Jersey recently granted certiorari in Passaic County v. Horizon Healthcare Services. The closely watched case involves whether the requirement that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law applies in suits involving sophisticated

NJ Supreme Court Clarifies Test for Delayed Searches Incident to an Arrest

NJ Supreme Court Clarifies Test for Delayed Searches Incident to an Arrest

In State v. Joao C. Torres (A-15-22/086812) (Decided May 4, 2023), the Supreme Court of New Jersey addressed when law enforcement may conduct warrantless searches of a person incident to an arrest. It adopted the two-factor test set forth in State v. Lentz, 463 N.J. Super. 54, 70 (App. Div.

NJ Supreme Court Rules Exigent Circumstances Did Not Justify Weapons Seizure

NJ Supreme Court Rules Exigent Circumstances Did Not Justify Weapons Seizure

In State v. Anthony Miranda (A-67-21/086773) (Decided by May 3, 2023), the Supreme Court of New Jersey held that the exigent-circumstances exception to the warrant requirement failed to justify an officer’s search of the defendant’s bag or the seizure of the weapons in that bag. Facts of State v. Miranda