In Carol Crispino v. Township of Sparta (A-16-19/083171) (Decided July 22, 2020), the Supreme Court of New Jersey struck a municipal resolution imposing a special assessment to fund a private dam restoration project. According to the court, the Township arbitrarily applied the special assessment to plaintiffs’ properties because the expert
In Sun Chemical Corporation v. Fike Corporation, (A-89-18/082815) (July 29, 2020),the New Jersey Supreme Court held that a Consumer Fraud Act (CFA) claim can be filed concurrently with a Product Liability Act (PLA) claim in the same complaint. “PLA and CFA claims may proceed in separate counts of the same
In Arafa v. Health Express Corp., (A-6-19-/083174) (July 14, 2020),the Supreme Court of New Jersey held that that arbitration agreements can be enforceable under the New Jersey Arbitration Act (NJAA), even if those agreements would be otherwise exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). In
In Christian Mission John 3:16 v. Passaic City, (A-33-19/083487) (Decided July 15, 2020), the Supreme Court of New Jersey held that a Passaic church was entitled to a property tax exemption, even though it had not yet received a certificate of occupancy. “The issuance of a certificate of occupancy, temporary or
In Bryheim Jamar Baskin v. Rafael Martinez, (A-70-18/081982) (Decided July 9, 2020), the Supreme Court of New Jersey held that a Camden police officer is not entitled to qualified immunity on summary judgment. According to the court, the issue of whether Detective Martínez’s use of deadly force was objectively reasonable
In State v. Michael A. Jackson, (A-11-19/082735)(Decided July 2, 2020), the Supreme Court of New Jersey held that the defendant was deprived of his right to confrontation and denied a fair trial. According to the court, the jury should have had full access to the cooperating witness’s plea agreement history through
In Lembo v. Marchese, (A-92-18/082930) (Decided June 17, 2020), the Supreme Court of New Jersey held that the New Jersey Uniform Fiduciaries Law (UFL) does not authorize an affirmative cause of action against a bank. Rather, it provides a bank with a limited immunity from liability for failing to take
The Supreme Court of New Jersey recently held that due process protections must be added to the process by which New Jersey prisoners may seek a medical furlough under Executive Order 124. Specifically, the court held in In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings,
