Category: NJ Supreme Court Reporter

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

In In the Matter of Brian Ambroise (A-10-23/088042) (Decided July 24, 2024), the Supreme Court of New Jersey ruled that the Civil Service Commission’s decision to impose a six-month suspension upon a correctional officer, who failed to report kissing an inmate and passed messages on her behalf ,was disproportionate to

NJ Supreme Court Decision Clarifies Highlands Act Exception

NJ Supreme Court Decision Clarifies Highlands Act Exception

In In the Matter of Proposed Construction of Compressor Station (A-24-23/088744) (Decided August 6, 2024), the Supreme Court of New Jersey clarified a section of the Highlands Water Protection and Planning Act (Highlands Act) that exempts projects that qualify as “routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

NJ Supreme Court Rules Student Entitled to FAPE Under IDEA After Receiving State-Issued Diploma

In Board of Education of the Township of Sparta v. M.N. (A-16-23/088378) (Decided August 7, 2024), the Supreme Court of New Jersey held that under the Individuals with Disabilities Education Act (IDEA), a student with disabilities who received a State-issued diploma based on passing the General Education Development test (GED)

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

Divided NJ Supreme Court Affirms Dismissal of Defamation Suit Relying on Ministerial Exception

In Hyman v. Rosenbaum Yeshiva of North Jersey (A-11-23/087994) (Decided July 24, 2024), the Supreme Court of New Jersey affirmed that the ministerial exception barred defamation claims against an Orthodox Jewish school. The six justices that heard the case all agreed that the standard set forth in McKelvey v. Pierce,

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

In Verizon New Jersey, Inc. v. Borough of Hopewell (A-22-23/088421) (Decided July 25, 2024), the Supreme Court of New Jersey upheld an Appellate Division decision holding “that ‘local telephone exchange’ as used in N.J.S.A. 54:4-1 means a local telephone network within a defined geographical area as depicted on Verizon’s tariff

NJ Supreme Court Clarifies Affidavit of Merit Requirements

NJ Supreme Court Clarifies Affidavit of Merit Requirements

In Moschella v. Hackensack Meridian Jersey Shore University Medical Center (A-7-23/088312) (Decided July 11, 2024), the Supreme Court of New Jersey held that an affidavit of merit does not need to specify that the affiant reviewed medical records attesting to the merits of a claim. Facts of Moschella v. Hackensack

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

In William Pace v. Hamilton Cove (A-4-23/088302) (Decided July 10, 2024), the Supreme Court of New Jersey held that contract provisions waiving class actions are lawful, even if they aren’t accompanied by arbitration provisions; however, such waivers may be unenforceable if found to be unconscionable or to violate other tenets

NJ Supreme Court Cites Equity in Overruling TPAF Board

NJ Supreme Court Cites Equity in Overruling TPAF Board

In Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (A-9-23/087786) (May 22, 2024), the Supreme Court of New Jersey held that the Board of Trustees of the Teachers’ Pension and Annuity Fund (TPAF Board) acted arbitrarily, capriciously, and unreasonably when it denied petitioner Susan Seago’s application for