Author: Donald Scarinci

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

In Board of Education of the Township of Sparta v. M.N. (A-16-23/088378) (Decided August 7, 2024), the Supreme Court of New Jersey held that under the Individuals with Disabilities Education Act (IDEA), a student with disabilities who received a State-issued diploma based on passing the General Education Development test (GED)

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

In Hyman v. Rosenbaum Yeshiva of North Jersey (A-11-23/087994) (Decided July 24, 2024), the Supreme Court of New Jersey affirmed that the ministerial exception barred defamation claims against an Orthodox Jewish school. The six justices that heard the case all agreed that the standard set forth in McKelvey v. Pierce,

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

In Verizon New Jersey, Inc. v. Borough of Hopewell (A-22-23/088421) (Decided July 25, 2024), the Supreme Court of New Jersey upheld an Appellate Division decision holding “that ‘local telephone exchange’ as used in N.J.S.A. 54:4-1 means a local telephone network within a defined geographical area as depicted on Verizon’s tariff

NJ Supreme Court Clarifies Affidavit of Merit Requirements

NJ Supreme Court Clarifies Affidavit of Merit Requirements

In Moschella v. Hackensack Meridian Jersey Shore University Medical Center (A-7-23/088312) (Decided July 11, 2024), the Supreme Court of New Jersey held that an affidavit of merit does not need to specify that the affiant reviewed medical records attesting to the merits of a claim. Facts of Moschella v. Hackensack

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

In William Pace v. Hamilton Cove (A-4-23/088302) (Decided July 10, 2024), the Supreme Court of New Jersey held that contract provisions waiving class actions are lawful, even if they aren’t accompanied by arbitration provisions; however, such waivers may be unenforceable if found to be unconscionable or to violate other tenets

NJ Supreme Court Cites Equity in Overruling TPAF Board

NJ Supreme Court Cites Equity in Overruling TPAF Board

In Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (A-9-23/087786) (May 22, 2024), the Supreme Court of New Jersey held that the Board of Trustees of the Teachers’ Pension and Annuity Fund (TPAF Board) acted arbitrarily, capriciously, and unreasonably when it denied petitioner Susan Seago’s application for

NJ Supreme Court Rules Owners of Vacant Commercial Lots Have Duty to Maintain Sidewalks

NJ Supreme Court Rules Owners of Vacant Commercial Lots Have Duty to Maintain Sidewalks

In Padilla v. Young Il An (A-43-22/087862) (Decided June 13, 2024), the Supreme Court of New Jersey held that owners of vacant commercial lots have a common law duty to maintain the public sidewalks abutting those lots in reasonably good condition. Facts of Padilla v. Young Il An In September

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

In New Jersey Division of Child Protection and Permanency v. J.C. (A-8-23/088071) (Decided May 29, 2024), the Supreme Court of New Jersey held that the family court does not have the authority under N.J.S.A. 30:4C-12 to dismiss a Title 30 action — and with it, a parent’s appointed counsel —