Author: Donald Scarinci

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

Car Insurance

NJ Supreme Court Maintains Status Quo in Car Insurance Ruling

In Joshua Haines v. Jacob W. Taft, (A-13/14-17) (Decided March 26, 2019), the Supreme Court of New Jersey held that that plaintiffs who elected limited $15,000 personal injury protection (PIP) coverage can’t seek economic damages for the difference between their reduced limit and the amount of their unpaid medical bills, totaled

Caraballo

New Jersey Supreme Court Clarifies Relationship Between Workers’ Comp and NJLAD

By Donald Scarinci In Caraballo v. City of Jersey City, (A-71-17/080467) (Decided March 29, 2019), the Supreme Court of New Jersey held that police detective Frank Caraballo’s failure to utilize the New Jersey Workers’ Compensation Act’s (Act) administrative remedies to obtain knee replacement surgery precluded his failure-to-accommodate claim under the