Month: February 2024

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

In AC Ocean Walk v. American Guarantee and Liability Insurance, (A-28-22/087304) (Decided January 24, 2024), the Supreme Court of New Jersey held that the presence of the COVID-19 virus did not constitute the kind of “direct physical loss or damage” required to support a business-interruption insurance claim. Facts of AC

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

In State v. Calvin Fair (A-20-22/086617) (Decided January 16, 2024), the Supreme Court of New Jersey incorporated the U.S. Supreme Court’s recent decision in Counterman v. Colorado, 600 U.S. 66, 79 (2023) to hold that a mental state of recklessness is constitutionally sufficient for a “true threats” prosecution under N.J.S.A.

NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations

NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations

In DeSimone v. Springpoint Senior Living, Inc. (A-37-22/087891) (Decided January 10, 2024), the Supreme Court of New Jersey held that the refund provision set forth in N.J.S.A. 56:8-2.11 does not provide relief for all Consumer Fraud Act (CFA) violations. Rather, it is limited solely to the food-related misrepresentations expressly proscribed