Author: Donald Scarinci

NJ Supreme Court Clarifies How Recent Amendments Impact Child Abuse Claims

In W.S. v. Derek Hildreth (A-46-21/086633) (Decided January 18, 2023), the Supreme Court of New Jersey held that child sexual abuse survivors who file a Child Sexual Abuse Act (CSAA) complaint against a public entity after December 1, 2019 — even if their cause of action accrued much earlier —

Appellate Division Rules NJ Universities Immune from COVID Suit Over Remote Instruction

Appellate Division Rules NJ Universities Immune from COVID Suit Over Remote Instruction

Two New Jersey universities do not need to reimburse students for transitioning from in-person classes to total online instruction in response to the COVID-19 pandemic, according to a recent decision by the Appellate Division of the New Jersey Superior Court. In Mueller v. Kean University, the appeals court held that

NJ Supreme Court to Determine If Defendants With Cannabis Expungement Are Eligible for PTI

NJ Supreme Court to Determine If Defendants With Cannabis Expungement Are Eligible for PTI

The Supreme Court of New Jersey is poised to consider one of several key criminal law issues that has arisen in the wake of the state’s efforts to expunge low-level marijuana convictions. The key issue before the court in the consolidated cases of State v. Richard Gomes and State v.

NJ Supreme Court to Consider Constitutionality of Terroristic Threats Statute

NJ Supreme Court to Consider Constitutionality of Terroristic Threats Statute

The New Jersey Supreme Court recently announced that it has granted certification in a case challenging the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing…terror.” The Appellate Division found the statute to be constitutionally

NJ Supreme Court Clarifies Order of Waiver and Suppression Motions for Juvenile Defendants

NJ Supreme Court Clarifies Order of Waiver and Suppression Motions for Juvenile Defendants

In State in the Interest of E.S. (A-41/42-21/086554) (Decided November 22, 2022), the Supreme Court of New Jersey addressed whether the trial court abused its discretion by choosing to hear the State’s motion to waive family court jurisdiction and prosecute a juvenile defendant as an adult before hearing his motion

NJ Supreme Court Clarifies Insurance Broker’s Duty to Inform LLC’s About Worker’s Comp

NJ Supreme Court Clarifies Insurance Broker’s Duty to Inform LLC’s About Worker’s Comp

In Nancy L. Holm v. Daniel M. Purdy (A-39-21/086229) (Decided December 13, 2022), the Supreme Court of New Jersey held that N.J.S.A. 34:15-36 imposes a non-waivable duty on insurance brokers to inform new LLC members of the availability of workers’ compensation coverage and the right to elect such coverage. The

NJ Supreme Court Establishes Framework for Withholding Addresses of Sexual Assault Victims

NJ Supreme Court Establishes Framework for Withholding Addresses of Sexual Assault Victims

In State v. Oscar Ramirez (A-1-21/085943) (Decided November 21, 2022), the Supreme Court of New Jersey established a new framework of procedures and considerations that courts must use when prosecutors seek to protect the home addresses of sexual assault victims during the discovery process. As described by the court, the

NJ Supreme Court Clarifies Procedure to Redeem Tax Sale Certificates

NJ Supreme Court Clarifies Procedure to Redeem Tax Sale Certificates

In Green Knight Capital, LLC v. Calderon, (A-40-21/086367) (Decided November 17, 2022), the Supreme Court of New Jersey addressed whether a party that acquires an interest in property subject to a tax sale foreclosure action must lose the opportunity it has acquired after attempting to redeem the tax sale certificate