Author: Donald Scarinci

NJ Supreme Court Clarifies Commercial Landlord’s Duty to Clear Snow and Ice

The New Jersey Supreme Court has brought much-needed clarity to an issue that has plagued landlords — are they obligated to clear snow and ice while precipitation is still falling? In Angel Alberto Pareja v. Princeton International Properties (A-4-20/084394) (Decided June 10, 2021), the court adopted the ongoing storm rule,

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years, without a tenure hearing… The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years,

NJ Supreme Court Upholds Reliance on Dying Declaration

In State v. Kanem Williamson (A-65-19/083979) (Decided May 10, 2021), the Supreme Court of New Jersey affirmed that the trial court correctly admitted the victim’s statement identifying defendant as her shooter as a dying declaration under N.J.R.E. 804(b)(2). The court further held that the admission of the victim’s statement as

NJ Supreme Court Clarifies Pleading Standard for Class-Action Suits

In Baskin v. P.C. Richard & Son, LLC (A-77-19/(084257) (Decided May 5, 2021), the Supreme Court of New Jersey clarified the requirements for maintaining a class-action lawsuit. Applying these standards, it held that the plaintiffs sufficiently pled a class action against defendants for noncompliance with the Fair and Accurate Credit

NJ Supreme Court Rules Temporary Use of Virtual Grand Juries Is Constitutional

In State v. Omar Vega-Larregui (A-33-20/085288) (Decided April 28, 2021), the Supreme Court of New Jersey rejected arguments that the use of virtual grand juries in response to the COVID-19 pandemic runs afoul of the Federal of State Constitution. “This court has utilized technology to preserve, not to undermine, the