Author: Donald Scarinci

NJ Supreme Court Clarifies Pleading Standard for Class-Action Suits

In Baskin v. P.C. Richard & Son, LLC (A-77-19/(084257) (Decided May 5, 2021), the Supreme Court of New Jersey clarified the requirements for maintaining a class-action lawsuit. Applying these standards, it held that the plaintiffs sufficiently pled a class action against defendants for noncompliance with the Fair and Accurate Credit

NJ Supreme Court Rules NJ Transit to Common Carrier Standard Under TCA

In Anasia Maison v. New Jersey Transit Corporation (A-34/35-19/083484) (Decided February 17, 2021), the Supreme Court of New Jersey held that New Jersey Transit Corporation (NJ Transit) and its bus drivers are held to the same negligence standard under the Tort Claims Act (TCA) as other common carriers, which is

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

In Elmer Branch v. Cream-O-Land Dairy, (A-29-19/083379) (Decided January 13, 2021),the Supreme Court of New Jersey clarified the good faith defense under the New Jersey Wage and Hour Law (WHL), ruling that Cream-O-Land Dairy could not assert a defense under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations

New Jersey Supreme Court Rules Prosecutor’s “Shining” Reference

In State v. Damon Williams (A-46-19/083532) (Decided January 19, 2021), the Supreme Court of New Jersey held that the prosecutor’s comments and use of a PowerPoint slide referencing the movie The Shining amounted to prejudicial error. Facts of State v. Williams Defendant Damon Williams (Williams or Defendant) was charged with

NJ Supreme Court’s Hears Arguments in NJ Transit’s Superstorm Sandy Insurance Dispute

NJ Supreme Court’s Hears Arguments in NJ Transit’s Superstorm Sandy Insurance Dispute

The Supreme Court of New Jersey recently heard oral arguments in a closely-watched case involving insurance claims related to Superstorm Sandy. The specific issue in New Jersey Transit Corporation v. Certain Underwriters at Lloyd’s London is whether New Jersey Transit Corporation’s (NJ Transit) insurers must insure $400 million of water

New Jersey Supreme Court Sides with Johnson & Johnson in Tax Case

New Jersey Supreme Court Sides with Johnson & Johnson in Tax Case

In Johnson & Johnson v. Director, Division of Taxation,(A-51-19/083612) (Decided December 7, 2020), the Supreme Court of New Jersey ruledthat Johnson & Johnson (J&J) was required to pay an insurance premium tax (IPT) based only upon its premium for risks localized in New Jersey rather than upon its total United

New-Jersey-Supreme-Court-Rules-Town-Must-Recalculate-Special-Assessment

New Jersey Supreme Court Rules Town Must Recalculate Special Assessment

In Carol Crispino v. Township of Sparta (A-16-19/083171) (Decided July 22, 2020), the Supreme Court of New Jersey struck a municipal resolution imposing a special assessment to fund a private dam restoration project. According to the court, the Township arbitrarily applied the special assessment to plaintiffs’ properties because the expert