Author: Donald Scarinci

NJ Supreme Court Clarifies When License Plates Can Justify Traffic Stop

In State v. Carter (A-66-19/083221) and State v. Roman-Rosado (A-67-19/084074) (Decided August 2, 2021), the Supreme Court of New Jersey addressed when police officers can stop motorists with covered license plates. Under the court’s unanimous decision, if a frame conceals or obscures a marking in a way that it can’t

NJ Supreme Court Addresses When Criminal History Check Can Be Run on Prospective Juror

In State v. Edwin Andujar (A-6-20/084167) (Decided July 13, 2021), the Supreme Court of New Jersey first addressed when a criminal history check can be run on a prospective juror. It concluded that while it may occasionally be appropriate to conduct a criminal history check to confirm whether a prospective

NJ Supreme Court Clarifies Standard for Approving or Expanding Charter Schools

In In re Renewal Application of TEAM Academy Charter School, (A-45-19/083014) (Decided June 22, 2021), the Supreme Court of New Jersey upheld the Commissioner of Education’s grant of seven Newark charter school expansion applications. However, the court held that in considering future applications for new or expanded charter schools, the

Tax Collector

NJ Supreme Court Rules Tax Collector and Borough Must Face CRA Suit

In Winberry Realty Partnership v. Borough of Rutherford (A-22/53-19/083156) (Decided June 28, 2021), the Supreme Court of New Jersey held that the Borough of Rutherford’s Tax Collector was not entitled to qualified immunity. According to the court, the Tax Collector’s refusal to provide the redemption amount to plaintiffs because the

Miranda Warning

New Jersey Supreme Court Rules 17-Year-Old Entitled to Miranda Warning

In State v. Zakariyya Ahmad (A-54-19/083736) (Decided June 15, 2021), the Supreme Court of New Jersey held that because a reasonable 17-year-old in the defendant’s position would have believed he was in custody and not free to leave Miranda warnings were required. The court further held it was harmful error

NJ Supreme Clarifies Failure-to-Accommodate Claims Under LAD

In Richter v. Oakland Board of Education (A-23-19/083273) (Decided June 8, 2021), the Supreme Court of New Jersey held that an adverse employment action is not a required element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (LAD). Facts of Richter v. Oakland Board of Education Plaintiff

Will NJ Legislature Bill Overhaul Local Oversight Over Warehouse Development?

Will NJ Legislature Bill Overhaul Local Oversight Over Warehouse Development?

A bill currently under consideration by the New Jersey Legislature would change how municipalities regulate the development of large warehouses… A bill currently under consideration by the New Jersey Legislature would change how municipalities regulate the development of large warehouses. Under Senate Bill 3688, New Jersey would adopt a regional