Author: Donald Scarinci

NJ Supreme Court Clarifies Impact of Pretrial Detention on Unemployment Compensation

In Haley v. Board of Review (A-71-19/084123) (Decided March 17, 2021), the Supreme Court of New Jersey held that pretrial detention premised on charges that are later dismissed is not a separation from work that automatically disqualifies an applicant from unemployment benefits under the Unemployment Compensation Law (UCL). It further

New Jersey Supreme Court Upholds Bias Claim Under Pregnant Workers Fairness Act

In Delanoy v. Township of Ocean, (A-68-19/084022) (Decided March 9, 2021), the Supreme Court of New Jersey held that Township of Ocean Police Department’s disparate procedures violate the Pregnant Workers Fairness Act (PWFA). It was the first time the state’s highest court had considered the PWFA, which amended existing portions

NJ Supreme Court Rules Investment Adviser Can Sue over Rescinded Employment Offer

In Jed Goldfarb v. David Solimine (A-24-19/083256) (Decided February 18, 2021), the Supreme Court of New Jersey held that New Jersey’s Uniform Securities Law of 1997 does not bar an investment advisor’s promissory estoppel claim for reliance damages in connection with a rescinded job offer. While the defendant argued that

NJ Supreme Court Addresses When Pre-Trial Detainees Can Challenge Detention in Light of COVID-19

The Supreme Court of New Jersey recently addressedthe impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. In the Matter of the Request to Release Certain Pretrial Detainees (M-550-20/085186) (Decided February 11, 2021), the court declined to grant categorical

NJ Supreme Court Holds Volunteering Employee Entitled to Workers Comp

In Goulding v. NJ Friendship House, Inc., (A-48-19/083726) (Decided February 8, 2021), the Supreme Court of New Jersey held that an employee volunteering at an employer-sponsored event was entitled to compensation for her injuries under the state’s Worker’s compensation Act. According to the unanimous court, plaintiff Kim Goulding’s role at

New Jersey Supreme Court to Hear Challenge to Virtual Grand Juries

New Jersey Supreme Court to Hear Challenge to Virtual Grand Juries

The Supreme Court of New Jersey recently intervened in New Jersey v. Omar Vega-Larregui. The closely-watched case involves a constitutional challenge to the state’s virtual grand jury program, which was established in response to the COVID-19 pandemic. Virtual Grand Juries By Order dated May 14, 2020, the Court authorized a

New-Jersey-Supreme-Court-Relaxes-Legal-Name-Change-Rules

New Jersey Supreme Court Relaxes Legal Name Change Rules

The New Jersey Supreme Court recently amended its rules governing the legal name change process. The changes to Rule 4:72-3 (Notice of Application) and 4:72-4 (Hearing; Judgment; Publication; Filing) eliminate the requirement of newspaper publication of the notice of application and judgment granting a name change. Under the prior rule,

NJ Supreme Court Rules Attorneys Must Explains Risks and Benefits of Arbitration Provisions in Retainer Agreements

NJ Supreme Court Rules Attorneys Must Explains Risks and Benefits of Arbitration Provisions in Retainer Agreements

In Delaney v. Dickey, (A-30-19/083440) (Decided December 21, 2020), the Supreme Court of New Jersey held that attorneys must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client for an arbitration provision in a retainer agreement to be enforceable. Facts