Category: NJ Supreme Court Reporter

NJ Supreme Court Clarifies Impact of Pretrial Detention on Unemployment Compensation

In Haley v. Board of Review (A-71-19/084123) (Decided March 17, 2021), the Supreme Court of New Jersey held that pretrial detention premised on charges that are later dismissed is not a separation from work that automatically disqualifies an applicant from unemployment benefits under the Unemployment Compensation Law (UCL). It further

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

New Jersey Supreme Court Upholds Bias Claim Under Pregnant Workers Fairness Act

In Delanoy v. Township of Ocean, (A-68-19/084022) (Decided March 9, 2021), the Supreme Court of New Jersey held that Township of Ocean Police Department’s disparate procedures violate the Pregnant Workers Fairness Act (PWFA). It was the first time the state’s highest court had considered the PWFA, which amended existing portions

NJ Supreme Court Rules Investment Adviser Can Sue over Rescinded Employment Offer

In Jed Goldfarb v. David Solimine (A-24-19/083256) (Decided February 18, 2021), the Supreme Court of New Jersey held that New Jersey’s Uniform Securities Law of 1997 does not bar an investment advisor’s promissory estoppel claim for reliance damages in connection with a rescinded job offer. While the defendant argued that

NJ Supreme Court Addresses When Pre-Trial Detainees Can Challenge Detention in Light of COVID-19

The Supreme Court of New Jersey recently addressedthe impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. In the Matter of the Request to Release Certain Pretrial Detainees (M-550-20/085186) (Decided February 11, 2021), the court declined to grant categorical

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Supreme Court Holds Volunteering Employee Entitled to Workers Comp

In Goulding v. NJ Friendship House, Inc., (A-48-19/083726) (Decided February 8, 2021), the Supreme Court of New Jersey held that an employee volunteering at an employer-sponsored event was entitled to compensation for her injuries under the state’s Worker’s compensation Act. According to the unanimous court, plaintiff Kim Goulding’s role at

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

In Elmer Branch v. Cream-O-Land Dairy, (A-29-19/083379) (Decided January 13, 2021),the Supreme Court of New Jersey clarified the good faith defense under the New Jersey Wage and Hour Law (WHL), ruling that Cream-O-Land Dairy could not assert a defense under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations