Author: Donald Scarinci

New Jersey Supreme Court Clarifies Deemer Statute

New Jersey Supreme Court Clarifies Deemer Statute

In Felix v. Richards, (A-27-18/081799) (Decided February 26, 2020), the Supreme Court of New Jersey held that the creation of the basic automobile insurance policy option, without bodily injury liability coverage, did not modify the state’s deemer statute (N.J.S.A. 17:28-1.4). The divided court further rejected the Government Employee Insurance Company’s (GEICO)

NJ Supreme Court Rules Counties Can’t Charge Extra Title Fees for E-Filing

NJ Supreme Court Rules Counties Can’t Charge Extra Title Fees for E-Filing

In New Jersey Land Title Association v. Dana Rone (A-82-18/082620) (Decided February 4, 2020), the Supreme Court of New Jersey held that county clerks and registers may not charge a convenience fee for electronic filing of documents concerning real property. The court did not issue a plenary opinion, but rather

NJ Supreme Court Rules Focus on Labels Clouded Analysis in Tenure Case

NJ Supreme Court Rules Focus on Labels Clouded Analysis in Tenure Case

In Melnyk v. Board of Education of the Delsea Regional High School District (A-77-18/082354) (Decided January 30, 2020), the Supreme Court of New Jersey held that an instructional and tenure-eligible position did not become extracurricular and tenure ineligible simply because the teacher already held tenure in another position. According to

NJ Supreme Court to Address Good-faith Defense Wage Law

NJ Supreme Court to Address Good-faith Defense Wage Law

The Supreme Court of New Jersey recently agreed to consider Elmer Branch v. Cream-o-Land Dairy. The closely-watched employment case involves the good-faith defense under the New Jersey Wage and Hour Law (WHL). Facts of Elmer Branch v. Cream-o-Land Dairy On November 29, 2016, plaintiff Elmer Branch filed a putative class

NJ Supreme Court to Decide Fate of Newark’s Civilian Complaint Review Board

NJ Supreme Court to Decide Fate of Newark’s Civilian Complaint Review Board

The Supreme Court of New Jersey has agreed to consider Fraternal Order of Police Newark Lodge No. 12 v. City of Newark. The case involves the legality of Newark’s civilian complaint review board, which was established to investigate allegations of police misconduct. Facts of Fraternal Order of Police Newark Lodge No. 12 v. City of Newark The City of Newark enacted an ordinance

Megan's Law

NJ Supreme Court Rejects Retroactive Application of Megan’s Law

In the Matter of Registrant, G.H. and G.A., (A-38-18/081737)(Decided October 29, 2019), the Supreme Court of New Jersey held that a provision of Megan’s Law that requires some sex offenders to register for life does not apply retroactively. Facts of Matter of Registrant, G.H. and G.A. Registrants G.H. and G.A.

Dark Money

Federal Court Enjoins New Jersey Dark Money Law

U.S. District Judge Brian Martinotti recently issued a preliminary injunction in Americans for Prosperity v. Grewal. The order halts the implementation of Senate Bill No. 150, which is often referred to as New Jersey’s dark money law. In support of his decision, Judge Martinotti cited “the likely unconstitutional reach of the