Author: Donald Scarinci

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

New Jersey Supreme Court Orders Employer to Cover Costs of Medical Marijuana

In Vincent Hager v. M&K Construction (A-64-19/084045) (Decided April 13, 2021), the Supreme Court of New Jersey ruled that an employer may be required to reimburse the costs of an employee’s medical marijuana. It further held that such a requirement does not conflict with the federal Controlled Substances Act. Facts

NJ Supreme Court Rules Judges Can’t Detain Non-Citizen Defendants to Prevent Removal

In State v. Lopez-Carrera (A-8-20/084750) and State v. Molchor; State v. Rios (A-9-20/084694) (Decided March 30, 2021), the Supreme Court of New Jersey held that the Criminal Justice Reform Act (CJRA) does not empower judges to detain defendants who are non-citizens to prevent immigration officials from removing them from the