Author: Donald Scarinci

NJ Supreme Court Upholds Arbitration Agreement Lacking Arbitrator Specifics

NJ Supreme Court Upholds Arbitration Agreement Lacking Arbitrator Specifics

In Flanzman v. Jenny Craig, Inc., the Supreme Court of New Jersey held that an arbitration agreement that did not name the arbitrator, designate an arbitration organization to conduct the proceeding, or set forth a process for the parties to choose an arbitrator was still enforceable. Facts of Flanzman v. Jenny

New Jersey Supreme Court Clarifies Entire Controversy Doctrine

NJ Supreme Court Upholds Newark Civilian Review Board with Limited Investigatory Powers

In Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (A-15-19/083197) (Decided August 19, 2020), the Supreme Court of New Jersey addressed the legality of Newark’s civilian complaint review board, which was established to investigate allegations of police misconduct. The court held that “state law permits the

Divided-NJ-Supreme-Court-Rules-Police-Can-Compel-Cell-Phone-Access

Divided NJ Supreme Court Rules Police Can Compel Cell Phone Access

In State v. Robert Andrews, (A-72-18/082209) (Decided August 10, 2020), the New Jersey Supreme Court held that a defendant can be compelled to disclose a cellphone password. According to the four-member majority, requiring defendants to unlock their phones does not violate the Self- Incrimination Clause of the Fifth Amendment to

New Jersey Supreme Court Greenlights State’s Billion Dollar Borrowing Plan

New Jersey Supreme Court Greenlights State’s Billion Dollar Borrowing Plan

New Jersey’s highest court has signed off on the state’s plan to borrow $9.9 billion to address COVID-19-related revenue losses. The New Jersey Supreme Court held in New Jersey Republican State Committee v. Philip D. Murphy (A-82-19/084731) (Decided August 12, 2020) that the State’s plan to issue bonds and borrow

NJ Supreme Court Uphold Employment Arbitration Agreements

NJ Supreme Court Uphold Employment Arbitration Agreements

In Arafa v. Health Express Corp., (A-6-19-/083174) (July 14, 2020),the Supreme Court of New Jersey held that that arbitration agreements can be enforceable under the New Jersey Arbitration Act (NJAA), even if those agreements would be otherwise exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). In

New Jersey Supreme Court Rules Excessive Force Suit Can Proceed

New Jersey Supreme Court Rules Excessive Force Suit Can Proceed

In Bryheim Jamar Baskin v. Rafael Martinez, (A-70-18/081982) (Decided July 9, 2020), the Supreme Court of New Jersey held that a Camden police officer is not entitled to qualified immunity on summary judgment. According to the court, the issue of whether Detective Martínez’s use of deadly force was objectively reasonable