Year: 2024

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

In New Jersey Division of Child Protection and Permanency v. J.C. (A-8-23/088071) (Decided May 29, 2024), the Supreme Court of New Jersey held that the family court does not have the authority under N.J.S.A. 30:4C-12 to dismiss a Title 30 action — and with it, a parent’s appointed counsel —

NJ’s Highest Court Clarifies Law on First-Party Indemnification

NJ’s Highest Court Clarifies Law on First-Party Indemnification

In Patrick Boyle v. Carol Huff (A-42-22) (087900) (Decided May 30, 2024), the Supreme Court of New Jersey held that indemnification can exist in first-party claims; however, contracts must be drafted to expressly provide for such indemnification. “[I]ndemnification may also apply to first-party claims if that is the clear intent

NJ Supreme Court Rules E-Scooter Rider Is Not a Pedestrian

NJ Supreme Court Rules E-Scooter Rider Is Not a Pedestrian

In Goyco v. Progressive Insurance Company (A-12-23/088497) (Decided May 14, 2024), the Supreme Court of New Jersey held that an operator of a low-speed electric scooter (LSES) is not a “pedestrian” entitled to personal injury protection (PIP) benefits under the New Jersey Automobile Reparation Reform Act, also known as the

NJ Supreme Court Rules Mother Who Left Newborn at Hospital Not Liable for Abuse

NJ Supreme Court Rules Mother Who Left Newborn at Hospital Not Liable for Abuse

In New Jersey Division of Child Protection and Permanency v. B.P. (A-56-22/087676) (Decided May 21, 2024), the Supreme Court of New Jersey held that a New Jersey woman did not abuse or neglect her newborn by leaving her at the hospital two days after giving birth and not returning to

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

In Savage v. Township of Neptune, (A-2-23/087229) (Decided May 7, 2024), the Supreme Court of New Jersey held that N.J.S.A. 10:5-12.8(a), a section of the New Jersey Law Against Discrimination (NJLAD) that was enacted in the wake of the “#MeToo movement,” prohibits any “provision in any employment contract or settlement

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

In Usachenok v. State of New Jersey Department of the Treasury, (A-40-22/086861) (Decided May 6, 2024), the Supreme Court of New Jersey struck down a regulation requiring State investigators to “request” that anyone interviewed “not discuss any aspect of the investigation with others” when investigating harassment and discrimination investigations in

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

In Comprehensive Neurosurgical, P.C. v. The Valley Hospital (A-52-22/087469) (Decided April 22, 2024), the Supreme Court of New Jersey vacated a $24,300,000 jury verdict in favor of a group of eleven neurosurgeons who alleged that Valley Hospital did not deal with them fairly or act in good faith when it

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

In C.R. v. M.T. (A-47-22/087887) (Decided April 22, 2024), the Supreme Court of New Jersey clarified the showing required to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA). According to the Court, the plain language of N.J.S.A. 2C:14-16(a)(2)r creates a standard that is