In In re Accutane Litigation, No. 079958, 2018 WL 3636867 (Decided Aug. 1, 2018), the Supreme Court of New Jersey provided much-needed clarity regarding the admissibility of scientific evidence under the New Jersey Rules of Evidence. Although the state’s highest court stopped short of declaring New Jersey a “Daubert jurisdiction,”
In State v. Eileen Cassidy, (A-58-16/078390) (Decided November 13, 2018), the Supreme Court of New Jersey held that breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible. The decision called into question thousands of convictions for driving while intoxicated (DWI). Facts of State v.
In All the Way Towing, LLC v. Bucks County Int’l, Inc., (A066/67-17) (Decided January 24, 2019), the Supreme Court of New Jersey held that the Consumer Fraud Act’s (CFA) definition of “merchandise” should be liberally construed. It went on to hold that the definition extends to a customized tow truck.
In Kocanowski v. Township of Bridgewater, (A-55-17/080510) (Decided February 19, 2019), the Supreme Court of New Jersey held that the lack of outside employment did not disqualify a volunteer firefighter from receiving disability benefits. According to the court, N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing
In Kaminskas v. State (NJ, 2019) the Supreme Court of New Jersey held that each county — not the Attorney General — is responsible for defending and potentially indemnifying its police officers. The court’s decision was unanimous. Legal Background The New Jersey Tort Claims Act governs the defense and indemnification
The Supreme Court of New Jersey ruled in Josh Finkelman v. National Football League (NJ, 2019) that the National Football League (NFL) did not run afoul of the New Jersey Ticket Law when distributing tickets to the 2014 Super Bowl. According to the unanimous court, New Jersey Ticket Resale Law
In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by N.J.S.A. 10:4–14; and (2) to provide employees, whose
In Evenwel v. Abbott, the U.S. Supreme Court unanimously held that a state or locality may draw its legislative districts based on total population. The landmark redistricting case is the first to define the Constitutional principle of “one person, one vote,” which requires jurisdictions to design legislative districts with equal