Category: NJ Supreme Court Reporter

NJ Supreme Court Uphold Employment Arbitration Agreements

NJ Supreme Court Uphold Employment Arbitration Agreements

In Arafa v. Health Express Corp., (A-6-19-/083174) (July 14, 2020),the Supreme Court of New Jersey held that that arbitration agreements can be enforceable under the New Jersey Arbitration Act (NJAA), even if those agreements would be otherwise exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). In

New Jersey Supreme Court Rules Excessive Force Suit Can Proceed

New Jersey Supreme Court Rules Excessive Force Suit Can Proceed

In Bryheim Jamar Baskin v. Rafael Martinez, (A-70-18/081982) (Decided July 9, 2020), the Supreme Court of New Jersey held that a Camden police officer is not entitled to qualified immunity on summary judgment. According to the court, the issue of whether Detective Martínez’s use of deadly force was objectively reasonable

NJ-Supreme-Court-Rules-Due-Process-Protections-Needed-in-COVID-19-Prisoner-Release-Process

NJ Supreme Court Rules Due Process Protections Needed in COVID-19 Prisoner Release Process

The Supreme Court of New Jersey recently held that due process protections must be added to the process by which New Jersey prisoners may seek a medical furlough under Executive Order 124. Specifically, the court held in In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings,

New Jersey Supreme Court Extends Asbestos Liability

New Jersey Supreme Court Extends Asbestos Liability

In Arthur G. Whelan v. Armstrong International, Inc., (A-40/41/42/43/44/45/46-18/081810) (Decided June 3, 2020), the Supreme Court of New Jersey ruled that asbestos liability can extend to third-party replacement parts. The court specifically held thatmanufacturers and distributors can be found strictly liable for failure to warn of the dangers of their

In S.C. v. New Jersey Department of Children and Families (A-57-18/081870) (May 27, 2020), the Supreme Court of New Jersey raised serious concerns about the “not established” finding used by the New Jersey Department of Children and Families (DCF or Department)

NJ Supreme Court Raises Concerns About DCF’s “Not Established” Standard

In S.C. v. New Jersey Department of Children and Families (A-57-18/081870) (May 27, 2020), the Supreme Court of New Jersey raised serious concerns about the “not established” finding used by the New Jersey Department of Children and Families (DCF or Department), characterizing it as “vague, amorphous, and incapable of any