The New Jersey Supreme Court recently heard oral arguments in a case concerning what type of evidence is admissible to show that a defendant was under the influence of narcotics while driving, specifically the admissibility of drug recognition expert (DRE) testimony. The court’s decision in State v. Michael Olenowski is likely
The Supreme Court of New Jersey recently agreed to consider the extent of social host liability under New Jersey law. The case, Estate of Narleski v. Gomes, specifically involves whether there is a legal duty of the owners or occupants of a home to prevent underage individuals from consuming alcohol
In Turco v. City of Englewood, the Third Circuit addressed when abortion clinic buffer zones run afoul of the U.S. Constitution. It held that the lower court erred in striking down an Englewood ordinance intended to deter “sidewalk counseling” of women entering an abortion clinic. Facts of Turco v. City
U.S. District Judge Brian Martinotti recently issued a preliminary injunction in Americans for Prosperity v. Grewal. The order halts the implementation of Senate Bill No. 150, which is often referred to as New Jersey’s dark money law. In support of his decision, Judge Martinotti cited “the likely unconstitutional reach of the
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
