Author: Donald Scarinci

NJ Supreme Court Clarifies Impact of Pretrial Detention on Unemployment Compensation

In Haley v. Board of Review (A-71-19/084123) (Decided March 17, 2021), the Supreme Court of New Jersey held that pretrial detention premised on charges that are later dismissed is not a separation from work that automatically disqualifies an applicant from unemployment benefits under the Unemployment Compensation Law (UCL). It further

NJ Supreme Court Rules NJ Transit to Common Carrier Standard Under TCA

In Anasia Maison v. New Jersey Transit Corporation (A-34/35-19/083484) (Decided February 17, 2021), the Supreme Court of New Jersey held that New Jersey Transit Corporation (NJ Transit) and its bus drivers are held to the same negligence standard under the Tort Claims Act (TCA) as other common carriers, which is

New Jersey Supreme Court Upholds Bias Claim Under Pregnant Workers Fairness Act

In Delanoy v. Township of Ocean, (A-68-19/084022) (Decided March 9, 2021), the Supreme Court of New Jersey held that Township of Ocean Police Department’s disparate procedures violate the Pregnant Workers Fairness Act (PWFA). It was the first time the state’s highest court had considered the PWFA, which amended existing portions

NJ Assembly Advances Legislation Targeting Student Mental Health

NJ Assembly Advances Legislation Targeting Student Mental Health

The mental health of New Jersey students was a growing concern before the COVID-19 pandemic hit… The mental health of New Jersey students was a growing concern before the COVID-19 pandemic hit. Nationally, as well as in New Jersey, suicide is the second leading cause of death for young people

NJ Supreme Court Rules Investment Adviser Can Sue over Rescinded Employment Offer

In Jed Goldfarb v. David Solimine (A-24-19/083256) (Decided February 18, 2021), the Supreme Court of New Jersey held that New Jersey’s Uniform Securities Law of 1997 does not bar an investment advisor’s promissory estoppel claim for reliance damages in connection with a rescinded job offer. While the defendant argued that

NJ Supreme Court Addresses When Pre-Trial Detainees Can Challenge Detention in Light of COVID-19

The Supreme Court of New Jersey recently addressedthe impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. In the Matter of the Request to Release Certain Pretrial Detainees (M-550-20/085186) (Decided February 11, 2021), the court declined to grant categorical

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

Federal District Court Strikes Down New Jersey Cemetery Act

The United States District Court for the District of New Jersey recently struck down the New Jersey Cemetery Act. In Rosedale and Rosehill Cemetery Association v. Twp. of Readington, the federal court ruled that the statute, which empowers municipalities to consent to new cemeteries within their borders, is unconstitutionally vague.  

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a