Category: NJ Supreme Court Reporter

NJ Supreme Court Rules Dog Bite Statute’s Strict Liability Applies to Independent Contractor

In Bonay Goldhagen v. Susan Pasmowitz (A-17-20/084668) (Decided August 5, 2021), the Supreme Court of New Jersey held that the Dog Bite Statute’s strict liability standard applies to the claim of an independent contractor who agrees to care for a dog. According to the court, the statute’s plain language reveals

NJ Supreme Court Rules Pension Forfeiture Not a Fine Subject to Excessive-Fine Analysis

In State v. Bennie Anderson (A-15/16-20) (084365) (Decided August 11, 2021), the Supreme Court of New Jersey held that the forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an excessive-fine analysis under the Federal or State Constitutions. Because the forfeiture is not a

New Jersey Supreme Court Clarifies Tort Claims Act Notice Requirements

In H.C. Equities, LP v. County of Union (A-1/2-20/084556) (Decided July 19, 2021), the Supreme Court of New Jersey held that multiple documents cannot collectively constitute effective notice of a tort claim under the Tort Claims Act (TCA or Act). TCA Notice Requirements The TCA requires a claimant seeking to

New Jersey Supreme Court Upholds Virtual Jury-Selection Process

In State v. Dangcil (A-56-20/085665) (Decided August 16, 2021), the Supreme Court of New Jersey rejected defendant Wildemar A. Dangcil’s challenges to the hybrid jury-selection process implemented by the New Jersey Judiciary in response to the COVID-19 pandemic. The court unanimously held that the process did not deprive him of

New Jersey Supreme Court to Let Jury Decide If Jersey City Officers Entitled to Immunity

In Estate of Hiram A. Gonzalez v. City of Jersey City (A-19-20/084381) (Decided August 4, 2021), the Supreme Court of New Jersey held that the immunities from liability provided by the Good Samaritan Act, a statute that immunizes officers from civil or criminal liability for assisting persons intoxicated in a

NJ Supreme Court Clarifies When License Plates Can Justify Traffic Stop

In State v. Carter (A-66-19/083221) and State v. Roman-Rosado (A-67-19/084074) (Decided August 2, 2021), the Supreme Court of New Jersey addressed when police officers can stop motorists with covered license plates. Under the court’s unanimous decision, if a frame conceals or obscures a marking in a way that it can’t

NJ Supreme Court Addresses When Criminal History Check Can Be Run on Prospective Juror

In State v. Edwin Andujar (A-6-20/084167) (Decided July 13, 2021), the Supreme Court of New Jersey first addressed when a criminal history check can be run on a prospective juror. It concluded that while it may occasionally be appropriate to conduct a criminal history check to confirm whether a prospective