Author: Donald Scarinci

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

NJ Supreme Court to Address Indemnification of County Prosecutors

NJ Supreme Court to Address Indemnification of County Prosecutors

The Supreme Court of New Jersey recently agreed to hear Christopher J. Gramiccioni v. Department of Law and Public Safety. The case involves whether the Attorney General’s Office was required to indemnify the Monmouth County Prosecutor’s Office over a wrongful death lawsuit brought by the estate of a woman killed by

NJ-Supreme-Court-Considers-Admissibility-of-DRE-Evidence

NJ Supreme Court Considers Admissibility of DRE Evidence

The New Jersey Supreme Court recently heard oral arguments in a case concerning what type of evidence is admissible to show that a defendant was under the influence of narcotics while driving, specifically the admissibility of drug recognition expert (DRE) testimony. The court’s decision in State v. Michael Olenowski is likely

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