Author: Donald Scarinci

New Jersey Supreme Court Sides With Attorney in Facebook Ethics Case

In the Matter of John J. Robertelli (D-126-19/084373) (Decided September 21, 2021), the Supreme Court of New Jersey dismissed ethics charges against an attorney who allegedly used his paralegal to contact an opposing party via Facebook. While attorneys can no longer plead ignorance regarding social media, the court held that

NJ Supreme Court Clarifies Burden of Proof in Child Abuse and Neglect Cases

In New Jersey Division of Child Protection and Permanency v. J.R.-R. (A-56/57-19) (Decided September 27, 2021), the Supreme Court of New Jersey clarified that in a case where the Division of Child Protection and Permanency (DCPP) has established that a child has been abused or neglected while in the care

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