Category: NJ Supreme Court Reporter

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

In Usachenok v. State of New Jersey Department of the Treasury, (A-40-22/086861) (Decided May 6, 2024), the Supreme Court of New Jersey struck down a regulation requiring State investigators to “request” that anyone interviewed “not discuss any aspect of the investigation with others” when investigating harassment and discrimination investigations in

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

In Comprehensive Neurosurgical, P.C. v. The Valley Hospital (A-52-22/087469) (Decided April 22, 2024), the Supreme Court of New Jersey vacated a $24,300,000 jury verdict in favor of a group of eleven neurosurgeons who alleged that Valley Hospital did not deal with them fairly or act in good faith when it

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

In C.R. v. M.T. (A-47-22/087887) (Decided April 22, 2024), the Supreme Court of New Jersey clarified the showing required to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA). According to the Court, the plain language of N.J.S.A. 2C:14-16(a)(2)r creates a standard that is

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

The Supreme Court of New Jersey recently granted certification in Fuster v. Township of Chatham. The question before the justices is whether a body worn camera (BWC) video-recorded statement can be obtained under the State’s Open Public Records Acy (OPRA) or the common law right of access. Facts of the

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

In Robey v. SPARC Group LLC (A-50-22/087981) (Decided March 25, 2024), the Supreme Court of New Jersey held that a class of shoppers at the retail clothing store Aéropostale failed to sufficiently plead a claim under the Consumer Fraud Act (CFA). According to the divided Court, the shoppers didn’t demonstrate

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

In State v. Kalil Cooper (A-35-22/087742) (Decided March 27, 2024), the Supreme Court of New Jersey held that the statute criminalizing the promotion of organized street crime (N.J.S.A. 2C:33-30) does not contain within it, as a predicate offense, the crime of conspiracy to distribute a controlled dangerous substance (CDS). Accordingly,

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

In State v. Isaiah J. Knight (A-39-22/087822) (Decided March 5, 2024), the Supreme Court of New Jersey held that a sought-after affidavit was physical evidence of the crimes of witness tampering and kidnapping for which the Defendant and others has been charged. Accordingly, it was subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D).

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

In Players Place II Condominium Association, Inc. v. K.P. (A-60/61-22/088139) (Decided March 15, 2024), the Supreme Court of New Jersey established a test to govern housing requests for emotional support animals, finding that they should be treated differently than pets. Under the Court’s new framework, individuals who seek an accommodation