Author: Donald Scarinci

NJ Supreme Court Clarifies When License Plates Can Justify Traffic Stop

In State v. Carter (A-66-19/083221) and State v. Roman-Rosado (A-67-19/084074) (Decided August 2, 2021), the Supreme Court of New Jersey addressed when police officers can stop motorists with covered license plates. Under the court’s unanimous decision, if a frame conceals or obscures a marking in a way that it can’t

Miranda Warning

New Jersey Supreme Court Rules 17-Year-Old Entitled to Miranda Warning

In State v. Zakariyya Ahmad (A-54-19/083736) (Decided June 15, 2021), the Supreme Court of New Jersey held that because a reasonable 17-year-old in the defendant’s position would have believed he was in custody and not free to leave Miranda warnings were required. The court further held it was harmful error

NJ Supreme Court Clarifies Commercial Landlord’s Duty to Clear Snow and Ice

The New Jersey Supreme Court has brought much-needed clarity to an issue that has plagued landlords — are they obligated to clear snow and ice while precipitation is still falling? In Angel Alberto Pareja v. Princeton International Properties (A-4-20/084394) (Decided June 10, 2021), the court adopted the ongoing storm rule,

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