Category: NJ Supreme Court Reporter

NJ-Supreme-Court-Rules-Criminal-Sentencing-Statute-Does-Not-Violate-Separation-of-Powers

NJ Supreme Court Rules Criminal Sentencing Statute Does Not Violate Separation of Powers

In State v. A.T.C., (A-28-18/081201) (Decided August 8, 2019), the Supreme Court of New Jersey held that the Jessica Lunsford Act (JLA) does not violate the separation of powers doctrine provided that certain conditions are satisfied. Specifically, the State must present a statement of reasons explaining its decision to depart from

New Jersey Supreme Court Rules Probable Cause Required for Domestic Violence Warrants for Weapons

In State v. James Hemenway, (A-19-18/081206) (Decided July 24, 2019), the Supreme Court of New Jersey held that the Domestic Violence Act’s standard for the issuance of search warrant for weapons, particularly in a defendant’s home, could not be “squared with the probable cause requirement of our State and Federal

New Jersey Supreme Court Questions Use of Mug Shot Database

In State v. Kwesi Green, (A-56/57-17/080562) (Decided June 23, 2019), the Supreme Court of New Jersey raised questions about the use of electronic databases to identify suspects in criminal cases. It will also require new safeguards going forward. “The Court proposes revisions to Rule 3:11 to offer clearer guidance on

NJ Supreme Court to Consider Cannabis in the Workplace

The Supreme Court of New Jersey recently agreed review the Appellate Division’s decision in Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC. The case involves whether the protections afforded by the New Jersey Law Against Discrimination extend to medical cannabis users. Facts of the Case Plaintiff

NJ-Supreme-Court-Clarifies-Requirements-for-PFRS-Survivor-Benefits

NJ Supreme Court Clarifies Requirements for PFRS Survivor Benefits

In S.L.W. v. New Jersey Division of Pensions and Benefits, the Supreme Court of New Jersey held that children of Police and Firemen’s Retirement System (PFRS) members are not required to meet a dependency requirement to be entitled to survivor benefits. According to the court, its conclusion is consistent with

NJ-Supreme-Court-Confirms-Co-Worker-Not-Liable-for-Failing-to-Report-Colleague’s-Underage-Sexual-Relationship

NJ Supreme Court Confirms Co-Worker Not Liable for Failing to Report Colleague’s Underage Sexual Relationship

In G.A.-H. v. K.G.G., (A-25/26-18/081545) (Decided June 26, 2019), the Supreme Court of New Jersey held that the employer and co-worker of a man who sexually abused a minor can’t be held liable for failing to report the abuse to law enforcement. According to the court, no reasonable trier of fact

New Jersey Supreme Court Rules Fraud Claims Must be Resolved Via Arbitration

In Goffe v. Foulke Management Corp., (A-3/4-18/081258) (Decided June 5, 2019),the Supreme Court of New Jersey held that fraud claims regarding car dealership agreements must be resolved in arbitration. As emphasized by the court, U.S. Supreme Court precedent does not permit threshold issues about overall contract validity to be resolved by