Author: Donald Scarinci

Tenure Rights

New Jersey Supreme Court Clarifies Tenure Rights

In Miller v. State-Operated School District of the City of Newark, the Supreme Court of New Jersey clarified tenure rights under N.J.S.A. 18A:17-2. The decision, which triggered a sharp dissent from Justice Jaynee LaVecchia, overturned long-standing administrative law precedent. Facts of Miller v. State-Operated School District of the City of

NJ-Supreme-Court-to-Determine-Whether-Adverse-Employment-Action-Is-Necessary-to-Support-NJLAD-Claim

NJ Supreme Court to Determine Whether Adverse Employment Action Is Necessary to Support NJLAD Claim

The Supreme Court of New Jersey has agreed to consider Mary Richter v. Oakland Board of Education. The question before the court is whether the Appellate Division erred in finding that a diabetic teacher who suffered injuries after her blood sugar dropped on the job could pursue her disability discrimination

Sixth Amendment

NJ Supreme Court to Address Limits of Sixth Amendment Right to Counsel

The New Jersey Supreme Court recently granted certification in State v. Luis A. Maisonet. The case involves the extent of the right to counsel under the Sixth Amendment. The Sixth Amendment, applicable to the states by virtue of the Fourteenth Amendment, ensures a defendant in a criminal prosecution shall enjoy

Will New Jersey Supreme Court Reverse Jenny Craig Arbitration Agreement?

The Supreme Court of New Jersey recently heard oral arguments in a closely-watched arbitration case. Flanzman v. Jenny Craig, Inc. involves the enforceability of arbitration agreements that fail to specify the logistics of arbitrating claims. Facts of Flanzman v. Jenny Craig, Inc. The plaintiff, Marilyn Flanzman (Flanzman) worked for Jenny

NJ Supreme Court Tackles Duty to Warn in Closely-Watched Asbestos Case

The New Jersey Supreme Court recently heard oral arguments in Whelan v. Armstrong International, which is predicted to have a significant impact on product liability law. The case involves whether a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the