Author: Donald Scarinci

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

In Mirian Rivera v. The Valley Hospital, Inc. (A-25/26/27-21) (Decided August 25, 2022), the Supreme Court of New Jersey reaffirmed when punitive damages claims are available in New Jersey medical malpractice cases. The court held that punitive damages were not warranted because the evidence did not show that the defendants’

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

In Larry Schwartz v. Nicholas Menas, Esq. (A-54/55-20/085184) (Decided August 17, 2022), the Supreme Court of New Jersey rejected a per se ban on claims by new businesses for lost profits damages. According to the court, claims for lost profits damages are governed by the standard of reasonable certainty and

NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

In State v. Bookman, (A-32-21/085775) (Decided August 24, 2022), the Supreme Court of New Jersey held that police officers were not justified in entering a third party’s home when the subject fled when officers attempt to execute an Automated Traffic System warrant (ATS). The court, however, refused to adopt a bright-line rule

NJ High Court Clarifies Standard for Compassionate Release Statute

In State v. F.E.D. (A-12-21/086187) (Decided August 3, 2022), the Supreme Court of New Jersey held that the State’s Compassionate Release Statute does not require that an inmate prove that he is unable to perform any activity of basic daily living in order to establish a “permanent physical incapacity” under

NJ Supreme Court Sides with Insurer in Product Liability Case Involving Amputation

In Norman International Inc. et al. v. Admiral Insurance Co.(A-24-21/086155) (Decided August 10, 2022), the Supreme Court of New Jersey upheld Admiral Insurance Co.’s denial of coverage to a window coverings company, concluding that the insurer properly relied on a policy exclusion. According to the court, the policy’s broad and

NJ Supreme Court Reverses Child Abuse Conviction After Defendant Denied Right to Counsel

NJ Supreme Court Rules Workers Misclassified as Independent Contractors

In East Bay Drywall, LLC. v. Department of Labor and Workforce Development (A-7-21) (085770) (Decided August 2, 2022), the Supreme Court of New Jersey held that drywall workers employed by East Bay Drywall, LLC, were improperly classified as independent contractors under the Unemployment Compensation Law. According to the court, having

NJ Supreme Court Overturns Murder Conviction After Finding Right to Counsel Violated

In State v. Quinnizel J. Clark (A-67-20/A-37-21/085271) (Decided June 20, 2022), the Supreme Court of New Jersey vacated the murder conviction of Defendant Quinnizel Clark and granted him a new trial after finding that his right to counsel was violated. According to the court, once the defendant invoked his right

NJ Supreme Court Rules Condo Dispute Must be Resolved Via Arbitration

In Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (A-76-20/085606) (Decided July 18, 2022), the Supreme Court of New Jersey held that a condominium association must use arbitration to pursue its insurance coverage claims seeking to recover default judgements against two contractors. According to the court, Crystal Point Condominium