Author: Donald Scarinci

New Jersey Supreme Court Rules Police Can’t Stop Vehicles Based on Race Alone

In State v. Peter Nyema (A-39-20/085146) and State v. Jamar J. Myers (A-40-20/082858) (Decided January 25, 2022), the Supreme Court of New Jersey held that law enforcement officers can’t stop a vehicle during an investigation based solely on a suspect’s race and gender. Facts of the Case After the robbery

New Jersey Supreme Court Overhauls Juvenile Sentencing for Homicide Convictions

In State v. James Comer (A-42-20/) and State v. James C. Zarate (A-43-20/084516), decided January 10, 2021, the Supreme Court of New Jersey overhauled the framework for sentencing juveniles convicted as adults under the state’s homicide statute. Under the court’s holding, juvenile offenders convicted under the law will be permitted

New Jersey Supreme Court Rules Youth Can’t Serve as Aggravating Factor in Sentencing

In State v. Cynthia Rivera (A-7-20/084419) (Decided December 29, 2021), the Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and can’t support an aggravating factor. Facts of State v. Rivera Defendant Cynthia Rivera admitted to planning and participating

What School Districts Should Know About Key Changes to New Jersey’s Anti-Bullying Law

What School Districts Should Know About Key Changes to New Jersey’s Anti-Bullying Law 

On January 10, 2022, Governor Phil Murphy signed into law S-1790/A-1662 to amend and strengthen New Jersey’s existing anti-bullying law (“New Law”). Many of the changes aim to create a school climate that will decrease harassment, intimidation and bullying (“HIB”), using various tools, such as the creation of a School Climate State

NJ Supreme Court Allows Former Town Manager to Pursue NJLAD Claim

In Meade v. Township of Livingston (A-52-20/085176) (Decided December 30, 2021), the Supreme Court of New Jersey addressed whether discriminatory conduct toward an employee by that employee’s subordinate can result in liability on the part of the employer under New Jersey’s Law Against Discrimination (NJLAD). The court held that Plaintiff

New Jersey Supreme Court to Address Distinction Between City and Campus Police Officers

The Supreme Court of New Jersey has agreed to address whether campus police should be considered police forces like those serving New Jersey municipalities. The specific issue before the court in In the Matter of Gregory DiGuglielmo and New Jersey Institute of Technology is whether a campus police officer who