Author: Donald Scarinci

New Jersey Supreme Court Establishes New Requirements for Additur or Remittitur

New Jersey Supreme Court Establishes New Requirements for Additur or Remittitur

In Orientale v. Jennings, (A-43-17/079953) (Decided September 23, 2019), the Supreme Court of New Jersey revised the requirements for additur or remittitur. Going forward, when a damages award is deemed a miscarriage of justice requiring the grant of a new trial, the acceptance of a damages award fixed by the

NJ-Supreme-Court-Clarifies-Standards-for-Enhanced-DWI-Sentences

NJ Supreme Court Clarifies Standards for Enhanced DWI Sentences

In State v. Charudutt J. Patel (A-13-18/081069) (Decided August 7, 2019), the Supreme Court of New Jersey clarified the applicable standards for both indigent and non-indigent defendants who seek relief from an enhanced custodial sentence for a second or subsequent driving while intoxicated (DWI) based on a claimed denial of

New Jersey Supreme Court Rules Probable Cause Required for Domestic Violence Warrants for Weapons

In State v. James Hemenway, (A-19-18/081206) (Decided July 24, 2019), the Supreme Court of New Jersey held that the Domestic Violence Act’s standard for the issuance of search warrant for weapons, particularly in a defendant’s home, could not be “squared with the probable cause requirement of our State and Federal

New Jersey Supreme Court Questions Use of Mug Shot Database

In State v. Kwesi Green, (A-56/57-17/080562) (Decided June 23, 2019), the Supreme Court of New Jersey raised questions about the use of electronic databases to identify suspects in criminal cases. It will also require new safeguards going forward. “The Court proposes revisions to Rule 3:11 to offer clearer guidance on

NJ Supreme Court to Consider Cannabis in the Workplace

The Supreme Court of New Jersey recently agreed review the Appellate Division’s decision in Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC. The case involves whether the protections afforded by the New Jersey Law Against Discrimination extend to medical cannabis users. Facts of the Case Plaintiff

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