Author: Donald Scarinci

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Under a law that took effect last year, New Jersey municipalities can establish property tax rewards programs encouraging residents to shop at local retail establishments. The Division of Local Government Services (DLGS) recently issued a Local Finance Notice (LFN) aimed to guide municipalities in creating and implementing these new programs. 

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to

NJ Supreme Court Clarifies When Police Can Conduct Warrantless Search of House After Arrest Is Made Outside

NJ Supreme Court Clarifies When Police Can Conduct Warrantless Search of House After Arrest Is Made Outside

In State v. Christopher Radel (A-44-20) and State v. Keith Terres (A-45-20) (Decided January 20, 2022), the Supreme Court of New Jersey held that when an arrest occurs outside a home, the police may not enter the dwelling or conduct a protective sweep in the absence of a reasonable and

NJ Supreme Court Holds Parking Lot Accident Is Compensable

NJ Supreme Court Holds Parking Lot Accident Is Compensable

In Lapsley v. Township of Sparta (A-68/69-20/085422) (Decided January 18, 2022), the Supreme Court of New Jersey held that injuries sustained in a parking lot owned and controlled by a New Jersey municipality were compensable under the Workers’ Compensation Act. Facts of Lapsley v. Township of Sparta Defendants Township of

NJ Supreme Court Rejects Constitutional Challenge to Three Strikes Law

NJ Supreme Court Rejects Constitutional Challenge to Three Strikes Law

In State v. Samuel Ryan (A-65-20/085165)(Decided February 7, 2022), the Supreme Court of New Jersey held that offenses committed by a defendant while under the age of 18 may count as predicate offenses under the state’s  Three Strikes Law, which mandates a sentence of life imprisonment without parole for a

NJ Supreme Court Rejects Republican Redistricting Challenge

In In the Matter of Establishment of Congressional Districts by the New Jersey Redistricting Commission, the New Jersey Supreme Court rejected a Republican lawsuit challenging the congressional redistricting map selected by the New Jersey Congressional Redistricting Commission (Commission). Facts of the Case The Commission is initially comprised of six individuals