Author: Donald Scarinci

NJ Supreme Court Rules Negligence Standard Applies to High School Sports Injury Suit

NJ Supreme Court Rules Negligence Standard Applies to High School Sports Injury Suit

In Dennehy v. East Windsor Regional Board of Education (A-36-21/086350) (Decided October 26, 2022), the Supreme Court of New Jersey addressed the standard of care that should apply to a coach’s decision to allow a high school field hockey team to practice in an area adjacent to an ongoing soccer

NJ Supreme Court to Clarify Whether Candidates Can Face Criminal Charges for Accepting Bribes

NJ Supreme Court to Clarify Whether Candidates Can Face Criminal Charges for Accepting Bribes

The Supreme Court of New Jersey recently agreed to consider State v. Jason M. O’Donnell, which involves whether a candidate who loses an election was still be convicted of accepting a bribe. Facts of the Case A grand jury charged defendant Jason M. O’Donnell with a violation of N.J.S.A. 2C:27-2,

NJ Supreme Court Addresses COVID-19 Impact on Right to Speedy Trial

NJ Supreme Court Addresses COVID-19 Impact on Right to Speedy Trial

In State v. Marcus S. Mackroy-Davis (A-43-21/086626) (Decided June 27, 2022), the Supreme Court of New Jersey addressed the impact of the COVID-19 pandemic on a defendant’s right to a speedy trial. The court acknowledged that the defendant’s trial was subject to multiple delays, most of which resulted from the

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

The Supreme Court of New Jersey recently granted certification in State v. Keogh. The case involves the distinction between investigative questioning and custodial interrogation for the purposes of determining whether a Miranda warning is required. Facts of the Case At approximately 7:36 p.m., the Bound Brook Police Department was dispatched

NJ Supreme Court Hears Oral Arguments on Whether NJIT Officer Entitled to Arbitration

NJ Supreme Court Hears Oral Arguments on Whether NJIT Officer Entitled to Arbitration

On September 28, 2022, the Supreme Court of New Jersey held oral arguments in In the Matter of Officer Gregory DiGuglielmo and New Jersey Institute of Technology. The case involves whether a campus police officer who was terminated by the New Jersey Institute of Technology because of alleged non-criminal misconduct

NJ Supreme Court Addresses Legality of Corporal Punishment

NJ Supreme Court Addresses Legality of Corporal Punishment

In State v. A.L.A.,(A-3-21/085500)(Decided August 18, 2022), the New Jersey Supreme Court held that in child endangerment cases, as well as simple assault cases, courts must instruct juries that reasonable corporal punishment is legal. Because the jury in the case could not have understood that the reasonable corporal punishment language in

NJ Supreme Court Agrees to Hear Facebook Case Challenging Communication Data Warrants

NJ Supreme Court Agrees to Hear Facebook Case Challenging Communication Data Warrants

The Supreme Court of New Jersey recently agreed to hear appeals from both sides in a closely watched case involving law enforcement access to social media accounts. The specific issue in Facebook, Inc. v. State of New Jersey is whether police can obtain prospective electronic communications from a Facebook account

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

In Mirian Rivera v. The Valley Hospital, Inc. (A-25/26/27-21) (Decided August 25, 2022), the Supreme Court of New Jersey reaffirmed when punitive damages claims are available in New Jersey medical malpractice cases. The court held that punitive damages were not warranted because the evidence did not show that the defendants’