Month: June 2024

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