In Goffe v. Foulke Management Corp., (A-3/4-18/081258) (Decided June 5, 2019),the Supreme Court of New Jersey held that fraud claims regarding car dealership agreements must be resolved in arbitration. As emphasized by the court, U.S. Supreme Court precedent does not permit threshold issues about overall contract validity to be resolved by
In Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A., (A-49-17/080669) (Decided June 4, 2019), the Supreme Court of New Jersey held that Stranger-Originated Life Insurance (STOLI) policies violate public policy and are void at the outset. The court further held that a party may be entitled to
In Pruent-Stevens v. Township of Toms River, the Appellate Division of the New Jersey Superior Court addressed the eligibility for the veteran’s property tax exemption under N.J.S.A. 54:4-3.30. The appeals court reversed the New Jersey Tax Court in holding that once a widow/widower remarries they permanentlylose their eligibility for the disabled veterans property
In State v. Noel Ferguson, the Supreme Court of New Jersey held thatNew Jersey lacked territorial jurisdiction to prosecute three defendants for a drug-induced death that occurred in New York. While New Jersey criminalizes illicitly distributing drugs that cause death to the user as a strict-liability offense, New York does
In State v. Rene M. Rodriguez, the Supreme Court of New Jersey held that repeat offenders charged with operating a motor vehicle after their licenses have been suspended for driving while intoxicated (DWI) can’t serve their sentences intermittently on nights or weekends pursuant to N.J.S.A. 2C:43-2(b)(7), which allows a court
In State v. Dwight M. Nelson, (A-60-17/080159) (Decided May 8, 2019), the Supreme Court of New Jersey held that the wait for a canine unit’s arrival prolonged the defendant’s traffic stop. However, the delay was justified by independent reasonable and articulable suspicion that defendant possessed drugs and, therefore, did not
n Frances Green v. Monmouth University, (A-63-17/080612) (Decided May 7, 2019), the Supreme Court of New Jersey held that Monmouth University is entitled to charitable immunity in a lawsuit involving an injury suffered at a Martina McBride concert on campus in 2012. According to the Court, the “concert was promoting the
In McClain v. Board of Review, (A-52-17/080397) (Decided April 29, 2019), the Supreme Court of New Jersey clarified when employees are entitled to unemployment insurance (UI) benefits. It held that an individual who has accepted an offer of employment from a second employer only to have the offer rescinded through
