In Orientale v. Jennings, (A-43-17/079953) (Decided September 23, 2019), the Supreme Court of New Jersey revised the requirements for additur or remittitur. Going forward, when a damages award is deemed a miscarriage of justice requiring the grant of a new trial, the acceptance of a damages award fixed by the
In State v. Charudutt J. Patel (A-13-18/081069) (Decided August 7, 2019), the Supreme Court of New Jersey clarified the applicable standards for both indigent and non-indigent defendants who seek relief from an enhanced custodial sentence for a second or subsequent driving while intoxicated (DWI) based on a claimed denial of
DNA evidence increasingly plays a role in the criminal justice system. In its recent decision in State v. Rafael Camey (A-73-17/080574) (Decided August 1, 2019),the New Jersey Supreme Court clarified when law enforcement may obtain a suspect’s DNA after its initial search is deemed invalid. Facts of State v. Rafael
In J.H. v. R&M Tagliareni, LLC, (A-6-18/081128) (Decided July 31, 2019), the Supreme Court of New Jersey held that landlords do not have a duty to cover radiators in their apartment buildings. The case arose from the injuries to a nine-month old child, who was severely burned when he came
The New Jersey Supreme Court will not stand in the way of the New Jersey Medical Aid in Dying for the Terminally Ill Act (Act), which allows terminally ill patients to end their own lives. The state’s highest court upheld the Appellate Division’s order in Glassman v. Grewal, which removed
In State v. A.T.C., (A-28-18/081201) (Decided August 8, 2019), the Supreme Court of New Jersey held that the Jessica Lunsford Act (JLA) does not violate the separation of powers doctrine provided that certain conditions are satisfied. Specifically, the State must present a statement of reasons explaining its decision to depart from
In State v. James Hemenway, (A-19-18/081206) (Decided July 24, 2019), the Supreme Court of New Jersey held that the Domestic Violence Act’s standard for the issuance of search warrant for weapons, particularly in a defendant’s home, could not be “squared with the probable cause requirement of our State and Federal
In Sergeant First Class Frank Chiofalo v. State (A-30-18/081607) (Decided July 16, 2019), the Supreme Court of New Jersey sided with state trooper who alleges that he faced retaliation in the wake of the Death Race 2012 scandal. In doing so, the court made it clear that whistleblowers seeking to
