Author: Donald Scarinci

NJ Supreme Court to Decide Whether NJ Has Jurisdiction Over Child Abuse Claims Against Archdiocese of Philadelphia

NJ Supreme Court to Decide Whether NJ Has Jurisdiction Over Child Abuse Claims Against Archdiocese of Philadelphia

The Supreme Court of New Jersey recently heard oral arguments in D.T. v. Archdiocese of Philadelphia (088966), which will decide whether the Archdiocese of Philadelphia must face child sexual abuse claims in New Jersey. The plaintiff brought the suit under the Child Victims Act, which provides a two-year revival window for

NJ Supreme Court to Consider Constitutional Challenge to Daniel’s Law

NJ Supreme Court to Consider Constitutional Challenge to Daniel’s Law

The New Jersey Supreme Court has agreed to consider a constitutional challenge to Daniel’s Law, which amended the state’s Open Public Records Act (OPRA) to prohibit the disclosure of certain personal information of active, formerly active, and retired judicial officers, prosecutors, and law enforcement officers, and their family members. The

NJ Supreme Court Clarifies Statute of Limitations under the Wage Theft Act

NJ Supreme Court Clarifies Statute of Limitations under the Wage Theft Act

In Christopher Maia v. IEW Construction Group (A-3-23/088010) (May 15, 2024), the Supreme Court of New Jersey clarified the statute of limitations under the Wage Theft Act, holding that the 2019 law does not apply retroactively. Facts of Maia v. IEW Construction Group Plaintiffs Christopher Maia and Sean Howarth were

New Jersey Supreme Court Clarifies Post-Cassidy DWI Notification Procedures

New Jersey Supreme Court Clarifies Post-Cassidy DWI Notification Procedures

In State v. Thomas Zingis (A-66-21/087132) (Decided August 8, 2024), the Supreme Court of New Jersey determined the proper procedure for challenging a prior Dennis-affected DWI conviction when facing enhanced sentencing on a subsequent DWI. The case stemmed from the ongoing fallout of then-Sergeant Marc Dennis’s certification of improperly conducted

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

In In the Matter of Brian Ambroise (A-10-23/088042) (Decided July 24, 2024), the Supreme Court of New Jersey ruled that the Civil Service Commission’s decision to impose a six-month suspension upon a correctional officer, who failed to report kissing an inmate and passed messages on her behalf ,was disproportionate to

NJ Supreme Court Decision Clarifies Highlands Act Exception

NJ Supreme Court Decision Clarifies Highlands Act Exception

In In the Matter of Proposed Construction of Compressor Station (A-24-23/088744) (Decided August 6, 2024), the Supreme Court of New Jersey clarified a section of the Highlands Water Protection and Planning Act (Highlands Act) that exempts projects that qualify as “routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

In Board of Education of the Township of Sparta v. M.N. (A-16-23/088378) (Decided August 7, 2024), the Supreme Court of New Jersey held that under the Individuals with Disabilities Education Act (IDEA), a student with disabilities who received a State-issued diploma based on passing the General Education Development test (GED)

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

In Hyman v. Rosenbaum Yeshiva of North Jersey (A-11-23/087994) (Decided July 24, 2024), the Supreme Court of New Jersey affirmed that the ministerial exception barred defamation claims against an Orthodox Jewish school. The six justices that heard the case all agreed that the standard set forth in McKelvey v. Pierce,