Author: Donald Scarinci

NJ Supreme Court to Decide Constitutionality of Jersey City Payroll Tax

The Supreme Court of New Jersey has agreed to determine whether Jersey City’s 1% payroll tax is constitutional. Earlier this year, the Appellate Division held in Mack-Cali Realty Corp. v. State of New Jersey that the ordinance was unconstitutional, concluding that it ran afoul of the Commerce Clause. Facts of

NJ Supreme Court Punitive Damages against a Public Entity

In Pritchett v. State (A-5-20/084451) (Decided August 12, 2021), the Supreme Court of New Jersey held that trial courts reviewing a punitive damages award issued by a jury against a public entity defendant must apply heightened scrutiny. Facts of Pritchett v. State Plaintiff Shelly Pritchett worked for the Juvenile Justice

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NJ Supreme Court Rules Courts Can’t Subject Defendant to Enhanced Sentencing for Conduct Jury Found Defendant Not Guilty

In the consolidated cases of State v. Mark Melvin (A-44-19/083298) (Decided September 23, 2021) and State v. Michelle Paden-Battle (A-13-20/084603) (Decided September 23, 2021), the Supreme Court of New Jersey addressed whether a trial judge can consider a defendant’s alleged conduct for crimes for which a jury returned a not

NJ Supreme Court Sets Consent Standard for Intoxicated Victim Under SASPA

In C.R. v. M.T. (A-58-19/083760) (Decided September 28, 2021), the Supreme Court of New Jersey addressed what standard should apply in determining whether an alleged sexual assault victim was too intoxicated to give consent under the Sexual Assault Survivor Protection Act of 2015 (SASPA). It concluded that the standard should

NJ Supreme Court Holds Dog Ownership Records Not Exempt From OPRA Requests

In Bozzi v. Jersey City, (A-12-20/084392) (Decided September 20, 2021), the Supreme Court of New Jersey held that owning a dog is a substantially public endeavor in which people do not have a reasonable expectation of privacy that exempts their personal information from disclosure under the privacy clause of the

NJ Supreme Court Rules Dog Bite Statute’s Strict Liability Applies to Independent Contractor

In Bonay Goldhagen v. Susan Pasmowitz (A-17-20/084668) (Decided August 5, 2021), the Supreme Court of New Jersey held that the Dog Bite Statute’s strict liability standard applies to the claim of an independent contractor who agrees to care for a dog. According to the court, the statute’s plain language reveals

NJ Supreme Court Rules Pension Forfeiture Not a Fine Subject to Excessive-Fine Analysis

In State v. Bennie Anderson (A-15/16-20) (084365) (Decided August 11, 2021), the Supreme Court of New Jersey held that the forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an excessive-fine analysis under the Federal or State Constitutions. Because the forfeiture is not a