Category: NJ Supreme Court Reporter

NJ Supreme Court Suppresses Gun Evidence in State v. Chisum

In State v. Chisum (decided February 5, 2019) the Supreme Court of New Jersey held that police officers lacked a reasonable suspicion to justify detaining 10 party guests in a motel room after concluding their investigation of a noise complaint. Accordingly, the weapons they discovered during the investigatory detention were

New Jersey Supreme Court Rules AG Not Required to Indemnify County Police Officers

In Kaminskas v. State (NJ, 2019) the Supreme Court of New Jersey held that each county — not the Attorney General — is responsible for defending and potentially indemnifying its police officers. The court’s decision was unanimous. Legal Background  The New Jersey Tort Claims Act governs the defense and indemnification

New Jersey Supreme Court Strikes Down Consumer Arbitration Agreement

In Kernahan v. Home Warranty Administrator of Florida, the Supreme Court of New Jersey refused to enforce a mandatory arbitration agreement in a home warranty contract because it lacked mutual assent. The court did not reach the argument of whether its ruling in Atalese v. U.S. Legal Services Group should

time of application

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

OPMA

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by     N.J.S.A. 10:4–14; and (2) to provide employees, whose

OPMA

NJ Supreme Court Rules Public Auction Records Subject to OPRA

In William J. Brennan v. Bergen County Prosecutor’s Office, the Supreme Court of New Jersey held that the state’s Open Public Records Act (OPRA) compels the disclosure of documents including the names and addresses of persons who successfully bid at an auction of public property. The court’s decision is particularly