Author: Donald Scarinci

NJ Supreme Court Clarifies Workers’ Compensation Act’s “Authorized Vehicle Rule”

In Henry Keim v. Above All Termite & Pest Control (A-30-22/087603) (Decided November 21, 2023), the Supreme Court of New Jersey held that an employee’s car accident occurred “in the course of employment” and was therefore compensable under the Workers’ Compensation Act (the Act). In reaching its decision, the Court

NJ Supreme Court Establishes New Standards for Drug Recognition Experts

NJ Supreme Court Establishes New Standards for Drug Recognition Experts

In State v. Olenowski (A-56-18) (082253) (Decided November 15, 2023), the Supreme Court of New Jersey held that Drug Recognition Expert (DRE) testimony is reliable and admissible under the criteria set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), albeit with certain limitations. The decision is

NJ Supreme Court to Determine Whether Electric Scooter Is a Pedestrian

NJ Supreme Court to Determine Whether Electric Scooter Is a Pedestrian

Technological innovations continue to raise novel questions before the state’s highest court. The New Jersey Supreme recently granted certification in Goyco vs. Progressive Insurance Co., which asks whether a person riding an electric scooter qualifies as a “pedestrian” for the purposes of a personal injury lawsuit. Facts of the Case

New Jersey Supreme Court to Study on Impact of AI on Legal System

New Jersey Supreme Court to Study on Impact of AI on Legal System

The Supreme Court of New Jersey is taking a closer look at the implications of artificial intelligence, particularly with respect to court operations and the practice of law. In September, the court convened a Committee on Artificial Intelligence and the Courts comprised of judicial and government leaders, judges, attorneys, educators,

NJ Supreme Court to Clarify Ministerial Exception

NJ Supreme Court to Clarify Ministerial Exception

The Supreme Court of New Jersey recently granted certification in a case that will determine whether the ministerial exception, which prohibits the application of anti-discrimination laws to religious institutions’ employment relationships with its “ministers,”  applies to claims other than employment discrimination. As the U.S. Supreme Court explained in Our Lady

NJ Supreme Court to Decide Constitutionality of Witness Tampering Statute

NJ Supreme Court to Decide Constitutionality of Witness Tampering Statute

The New Jersey Supreme Court recently heard oral arguments in State v. William Hill, which challenges the constitutionality of the state’s witness tampering statute. The defendant, William Hill, argues that the statute is unconstitutionally overbroad and vague. Appellate Division Decision While awaiting trial for a violent carjacking, William Hill mailed

NJ Supreme Court to Decide COVID-Era Business Interruption Claim

NJ Supreme Court to Decide COVID-Era Business Interruption Claim

The Supreme Court of New Jersey recently heard oral arguments in a case that could impact thousands of businesses that suffered pandemic losses. The issue before the court in AC Ocean Walk LLC v. American Guarantee and Liability Insurance Co. et al. is whether a New Jersey casino is entitled

NJ Supreme Court Considers OPRA’s Definition of Public Agency

NJ Supreme Court Considers OPRA’s Definition of Public Agency

The Supreme Court of New Jersey recently heard oral arguments in American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey. The closely-watched case involves whether the County Prosecutors Association of New Jersey (CPANJ), which is a nonprofit association comprised of the twenty-one county prosecutors of