Author: Donald Scarinci

NJ Supreme Court Clarifies Common Knowledge Exception to Affidavit of Merit Statute

NJ Supreme Court Clarifies Common Knowledge Exception to Affidavit of Merit Statute

In Cowley v. Virtua Health System (A-47-18/081891) (Decided May 4, 2020), the Supreme Court of New Jersey held that the “common knowledge” exception to the Affidavit of Merit Statute did not apply to the plaintiff, a hospital patient who removed her own breathing tube and refused replacement. Facts of Cowley

Divided NJ Supreme Court Upholds Workers Comp Carrier’s Subrogation Claim

Divided NJ Supreme Court Upholds Workers Comp Carrier’s Subrogation Claim

In New Jersey Transit Corporation v. Sandra Sanchez (A-68-18/082292) (Decided May 12, 2020), the Supreme Court of New Jersey held that New Jersey’s no-fault auto insurance scheme does not prohibit an employer from suing to recoup workers compensation costs it paid out for a worker’s car accident injuries.     Facts

NJ Supreme Court Rejects Teachers’ Vested Right Claim to Unpaid Sick Leave

NJ Supreme Court Rejects Teachers’ Vested Right Claim to Unpaid Sick Leave

In Barila v. Board of Education of Cliffside Park (A-39-18/081626) (Decided April 20, 2020), the Supreme Court of New Jersey held that Cliffside Park teachers’ right to compensation for unused sick leave did not constitute a vested right, and that the Board of Education of Cliffside Park and the Cliffside

DLGS Offers Guidance to Aid NJ Municipalities in Continuity of Operations

The Division of Local Government Services (DLGS) recently issued guidance aimed to help New Jersey municipalities maintain their operations amid the ongoing COVID-19 pandemic. According to the Division, the guidance “aims to provide some answers, and some structure, to help each of New Jersey’s local units successfully maintain continuity of government

New Jersey Courts Successfully Relying on Technology to Keep Cases Moving

New Jersey Courts Successfully Relying on Technology to Keep Cases Moving

The New Jersey Court system is relying on technology to remain “open” amid the Coronavirus (COVID-19) epidemic. According to the Supreme Court of New Jersey, more than 12,000 court events involving more than 80,000 participants have taken place remotely since March 16, 2020. Remote Court Proceedings New Jersey judges and

NJ Supreme Court Clarifies Grand Jury Instructions on Lesser-included Offenses

NJ Supreme Court Clarifies Grand Jury Instructions on Lesser-included Offenses

In State v. Isaiah Bell (A-58-18/081743) (Decided April 14, 2020), the Supreme Court of New Jersey held that a prosecutor’s failure to instruct the grand jury on lesser-included offenses for murder in response to questions posed by a grand juror did not constitute an abuse of prosecutorial discretion. However, it

New Jersey Becomes First State to Allow New Law Graduates to Practice During Pandemic

New Jersey Becomes First State to Allow New Law Graduates to Practice During Pandemic

The Supreme Court of New Jersey has authorized new law school graduates to begin practicing even though they have not yet passed the bar exam. Under the court’s order, they will be permitted to practice temporarily under the supervision of experienced attorneys. “At this challenging time, the public has a

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

In State v. Mark Jackson; State v. Jamie Monroe (A-18/19-19/083286) (Decided April 1, 2020), the Supreme Court of New Jersey affirmed an Appellate Division decision holding that prosecutors may subpoena inmates’ recorded telephone conversations. Facts of State v. Jackson; State v. Monroe Defendant Mark Jackson was arrested after his mother