Author: Donald Scarinci

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’

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

In Larry Schwartz v. Nicholas Menas, Esq. (A-54/55-20/085184) (Decided August 17, 2022), the Supreme Court of New Jersey rejected a per se ban on claims by new businesses for lost profits damages. According to the court, claims for lost profits damages are governed by the standard of reasonable certainty and

NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

In State v. Bookman, (A-32-21/085775) (Decided August 24, 2022), the Supreme Court of New Jersey held that police officers were not justified in entering a third party’s home when the subject fled when officers attempt to execute an Automated Traffic System warrant (ATS). The court, however, refused to adopt a bright-line rule

NJ High Court Clarifies Standard for Compassionate Release Statute

In State v. F.E.D. (A-12-21/086187) (Decided August 3, 2022), the Supreme Court of New Jersey held that the State’s Compassionate Release Statute does not require that an inmate prove that he is unable to perform any activity of basic daily living in order to establish a “permanent physical incapacity” under

NJ Supreme Court Sides with Insurer in Product Liability Case Involving Amputation

In Norman International Inc. et al. v. Admiral Insurance Co.(A-24-21/086155) (Decided August 10, 2022), the Supreme Court of New Jersey upheld Admiral Insurance Co.’s denial of coverage to a window coverings company, concluding that the insurer properly relied on a policy exclusion. According to the court, the policy’s broad and