Author: Donald Scarinci

NJ-Supreme-Court-Clarifies-Requirements-for-PFRS-Survivor-Benefits

NJ Supreme Court Clarifies Requirements for PFRS Survivor Benefits

In S.L.W. v. New Jersey Division of Pensions and Benefits, the Supreme Court of New Jersey held that children of Police and Firemen’s Retirement System (PFRS) members are not required to meet a dependency requirement to be entitled to survivor benefits. According to the court, its conclusion is consistent with

NJ-Supreme-Court-Confirms-Co-Worker-Not-Liable-for-Failing-to-Report-Colleague’s-Underage-Sexual-Relationship

NJ Supreme Court Confirms Co-Worker Not Liable for Failing to Report Colleague’s Underage Sexual Relationship

In G.A.-H. v. K.G.G., (A-25/26-18/081545) (Decided June 26, 2019), the Supreme Court of New Jersey held that the employer and co-worker of a man who sexually abused a minor can’t be held liable for failing to report the abuse to law enforcement. According to the court, no reasonable trier of fact

New York Overdose

New Jersey Supreme Court Rules State Lacked Jurisdiction to Prosecute New York Overdose

In State v. Noel Ferguson, the Supreme Court of New Jersey held thatNew Jersey lacked territorial jurisdiction to prosecute three defendants for a drug-induced death that occurred in New York. While New Jersey criminalizes illicitly distributing drugs that cause death to the user as a strict-liability offense, New York does

Intermittent Sentencing

New Jersey Supreme Court Opposes “Intermittent Sentencing”

In State v. Rene M. Rodriguez, the Supreme Court of New Jersey held that repeat offenders charged with operating a motor vehicle after their licenses have been suspended for driving while intoxicated (DWI) can’t serve their sentences intermittently on nights or weekends pursuant to N.J.S.A. 2C:43-2(b)(7), which allows a court

New Jersey Supreme Court Clarifies When Prolonged Traffic Stop Violates the Fourth Amendment

In State v. Dwight M. Nelson, (A-60-17/080159) (Decided May 8, 2019), the Supreme Court of New Jersey held that the wait for a canine unit’s arrival prolonged the defendant’s traffic stop. However, the delay was justified by independent reasonable and articulable suspicion that defendant possessed drugs and, therefore, did not

J Supreme Court Rules Monmouth University Shielded from Concert Injury Suit

NJ Supreme Court Rules Monmouth University Shielded from Concert Injury Suit

n Frances Green v. Monmouth University, (A-63-17/080612) (Decided May 7, 2019), the Supreme Court of New Jersey held that Monmouth University is entitled to charitable immunity in a lawsuit involving an injury suffered at a Martina McBride concert on campus in 2012. According to the Court, the “concert was promoting the

Legislative Review Clause

NJ Supreme Court Upholds Use of Legislative Review Clause

In Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, (NJ 2018) the Supreme Court of New Jersey held that the Legislature properly invoked the Legislative Review Clause. Legislative Review Clause In 1992, the New Jersey Constitution was amended to include the Legislative Review Clause. It authorizes the