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
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.
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
The Supreme Court of New Jersey recently heard oral arguments in State v. Jason M. O’Donnell, which involves the state’s bribery statute. The issue before court is whether a candidate who loses an election was still be convicted of accepting a bribe under NJSA 2C:27-2. Facts of State v. Jason
In New York v. New Jersey, the U.S. Supreme Court held that New Jersey can’t withdraw from its Waterfront Commission Compact with New York, at least not yet. The justices granted the State of New York’s motion for preliminary relief, enjoining the State of New Jersey from unilaterally withdrawing from
In New York v. New Jersey, 598 U. S. ____ (2023), the U.S. Supreme Court held that New Jersey may unilaterally withdraw from the Waterfront Commission Compact, which oversees law enforcement at the Port of New York and New Jersey. The Court’s decision was unanimous. Facts of New York v. New
In In re Alleged Failure of Altice U.S., Inc., the Supreme Court of New Jersey held that Section 543(a)(1) of the Cable Act does not preempt the proration requirement in N.J.A.C. 14:18-3.8. According to the state’s highest court, the regulation does not regulate “rates for the provision of cable service,” but rather
In State v. Andre Higgs (A-28-21/085863) (Decided March 30, 2023), the Supreme Court of New Jersey ruled that the trial court made three errors that warranted a new trial for Defendant Andre Higgs, who had been convicted of murder. One of the errors involved being denied access to an on-scene
