Author: Donald Scarinci

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

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