Category: NJ Supreme Court Reporter

NJ Supreme Court Greenlights Employee’s Cannabis Discrimination Suit

NJ Supreme Court Greenlights Employee’s Cannabis Discrimination Suit

The New Jersey Supreme Court recently gave the green light to a funeral director who filed a suit under the state’s Law Against Discrimination (LAD) alleging that he was terminated for legally using medical marijuana. According to the court’s decision in Wild v. Carriage Funeral Holdings, Inc., (A-91-18/082836) (Decided March

NJ-Supreme-Court-Rules-Police-Stop-Lacking-Reasonable-Suspicion-Was-Unconstitutional

NJ Supreme Court Rules Police Stop Lacking Reasonable Suspicion Was Unconstitutional

In State v. Donna M. Alessi (A-41/42-17/079255) (Decided January 27, 2020), the New Jersey Supreme Court confirmed that the police may not pull over a driver for questioning in furtherance of an investigation without reasonable suspicion that she committed a crime or traffic violation. As the court explained, “A law

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)

New-Jersey-Supreme-Court-Clarifies-Transfer-Inheritance-Tax

New Jersey Supreme Court Clarifies Transfer Inheritance Tax

In Estate of Mary Van Riper v. Director, Division of Taxation (A-51-18/082000) (Decided February 5, 2020), the Supreme Court of New Jersey addressed the application of New Jersey’s transfer inheritance tax statute. It held that the New Jersey Division of Taxation (Division) properly taxed the full value of the home

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 Hears Oral Arguments in Cell Phone Privacy Case

NJ Supreme Court Hears Oral Arguments in Cell Phone Privacy Case

The Supreme Court of New Jersey recently heard oral arguments in a closely-watched Fifth Amendment case. The issue in State v. Andrews is whether the defendant can be forced to turn over the passcode for his encrypted iPhone. During oral arguments, Justice Barry Albin acknowledged that the case “could cause the court