Author: Donald Scarinci

NJ-Supreme-Court-Clarifies-Requirements-for-PFRS-Survivor-Benefits

NJ Supreme Court Clarifies Requirements for PFRS Survivor Benefits

In S.L.W. v. New Jersey Division of Pensions and Benefits, the Supreme Court of New Jersey held that children of Police and Firemen’s Retirement System (PFRS) members are not required to meet a dependency requirement to be entitled to survivor benefits. According to the court, its conclusion is consistent with

NJ-Supreme-Court-Confirms-Co-Worker-Not-Liable-for-Failing-to-Report-Colleague’s-Underage-Sexual-Relationship

NJ Supreme Court Confirms Co-Worker Not Liable for Failing to Report Colleague’s Underage Sexual Relationship

In G.A.-H. v. K.G.G., (A-25/26-18/081545) (Decided June 26, 2019), the Supreme Court of New Jersey held that the employer and co-worker of a man who sexually abused a minor can’t be held liable for failing to report the abuse to law enforcement. According to the court, no reasonable trier of fact

New Jersey Supreme Court Rules Fraud Claims Must be Resolved Via Arbitration

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

New Jersey Court Clarifies Veteran Property Tax Exemption

Appellate Division Clarifies Veteran Property Tax Exemption

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

New York Overdose

New Jersey Supreme Court Rules State Lacked Jurisdiction to Prosecute New York Overdose

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

Intermittent Sentencing

New Jersey Supreme Court Opposes “Intermittent Sentencing”

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

New Jersey Supreme Court Clarifies When Prolonged Traffic Stop Violates the Fourth Amendment

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