In East Bay Drywall, LLC. v. Department of Labor and Workforce Development (A-7-21) (085770) (Decided August 2, 2022), the Supreme Court of New Jersey held that drywall workers employed by East Bay Drywall, LLC, were improperly classified as independent contractors under the Unemployment Compensation Law. According to the court, having
In State v. Quinnizel J. Clark (A-67-20/A-37-21/085271) (Decided June 20, 2022), the Supreme Court of New Jersey vacated the murder conviction of Defendant Quinnizel Clark and granted him a new trial after finding that his right to counsel was violated. According to the court, once the defendant invoked his right
In Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (A-76-20/085606) (Decided July 18, 2022), the Supreme Court of New Jersey held that a condominium association must use arbitration to pursue its insurance coverage claims seeking to recover default judgements against two contractors. According to the court, Crystal Point Condominium
In Linden Democratic Committee v. City of Linden (A-30-21/086255) (Decided July 6, 2022), the Supreme Court of New Jersey clarified the state’s Municipal Vacancy Law. It held that the New Jersey Legislature’s 1990 amendments removed a governing body’s discretion to keep vacant a seat previously occupied by a nominee of
In State v. Nazier D. Goldsmith (A-77-20/085636) (DecidedJuly 5, 2022), the Supreme Court of New Jersey held that the information the officers possessed at the time of the stop, which included the defendant’s presence in a “high crime area,” did not amount to specific and particularized suspicion that the defendant
In State v. David L. Smith (A-4-21/085635) (Decided June 28, 2022), the Supreme Court of New Jersey held that a purported violation of N.J.S.A. 39:3-74 based on tinted windows did not justify the Trenton Police Department’s investigatory stop of a motor vehicle. The court further held that, going forward, a
In State v. Rashaun Bell (A-75-20/084657) (Decided May 16, 2022), the Supreme Court of New Jersey held that N.J.S.A. 2C:11-5.1, which criminalizes the act of leaving the scene of an accident resulting “in the death of another person,” can’t be charged separately for each victim killed in a single accident.
In Haviland v. Lourdes Medical Center of Burlington County, Inc., (A-70-20/085419)(Decided April 12, 2022), the Supreme Court of New Jersey held that plaintiffs are not required to serve an Affidavit of Merit (AOM) against defendant health care facilities for claims of vicarious liability arising from the negligent conduct of an
