Category: NJ Supreme Court Reporter

NJ Supreme Court to Decide Constitutionality of Jersey City Payroll Tax

The Supreme Court of New Jersey has agreed to determine whether Jersey City’s 1% payroll tax is constitutional. Earlier this year, the Appellate Division held in Mack-Cali Realty Corp. v. State of New Jersey that the ordinance was unconstitutional, concluding that it ran afoul of the Commerce Clause. Facts of

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 Punitive Damages against a Public Entity

In Pritchett v. State (A-5-20/084451) (Decided August 12, 2021), the Supreme Court of New Jersey held that trial courts reviewing a punitive damages award issued by a jury against a public entity defendant must apply heightened scrutiny. Facts of Pritchett v. State Plaintiff Shelly Pritchett worked for the Juvenile Justice

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NJ Supreme Court Rules Courts Can’t Subject Defendant to Enhanced Sentencing for Conduct Jury Found Defendant Not Guilty

In the consolidated cases of State v. Mark Melvin (A-44-19/083298) (Decided September 23, 2021) and State v. Michelle Paden-Battle (A-13-20/084603) (Decided September 23, 2021), the Supreme Court of New Jersey addressed whether a trial judge can consider a defendant’s alleged conduct for crimes for which a jury returned a not

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 Sets Consent Standard for Intoxicated Victim Under SASPA

In C.R. v. M.T. (A-58-19/083760) (Decided September 28, 2021), the Supreme Court of New Jersey addressed what standard should apply in determining whether an alleged sexual assault victim was too intoxicated to give consent under the Sexual Assault Survivor Protection Act of 2015 (SASPA). It concluded that the standard should

NJ Supreme Court Holds Dog Ownership Records Not Exempt From OPRA Requests

In Bozzi v. Jersey City, (A-12-20/084392) (Decided September 20, 2021), the Supreme Court of New Jersey held that owning a dog is a substantially public endeavor in which people do not have a reasonable expectation of privacy that exempts their personal information from disclosure under the privacy clause of the