Category: NJ Supreme Court Reporter

NJ Supreme Court to Decide COVID-Era Business Interruption Claim

NJ Supreme Court to Decide COVID-Era Business Interruption Claim

The Supreme Court of New Jersey recently heard oral arguments in a case that could impact thousands of businesses that suffered pandemic losses. The issue before the court in AC Ocean Walk LLC v. American Guarantee and Liability Insurance Co. et al. is whether a New Jersey casino is entitled

NJ Supreme Court Considers OPRA’s Definition of Public Agency

NJ Supreme Court Considers OPRA’s Definition of Public Agency

The Supreme Court of New Jersey recently heard oral arguments in American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey. The closely-watched case involves whether the County Prosecutors Association of New Jersey (CPANJ), which is a nonprofit association comprised of the twenty-one county prosecutors of

New Jersey High Court Rules Ocean County Not Entitled to Immunity for Jail Suicide

New Jersey High Court Rules Ocean County Not Entitled to Immunity for Jail Suicide

In Conforti v. County of Ocean (A-1-22/086206) (Decided August 10, 2023), the Supreme Court of New Jersey held that Ocean County was not immune from liability for negligence in connection with a suicide death of an individual incarcerated at the Ocean County Jail. According to the court, the evidence in

NJ Supreme Court to Decide Legality of Non-Disparagement Clauses

NJ Supreme Court to Decide Legality of Non-Disparagement Clauses

The Supreme Court of New Jersey has agreed to decide whether non-disparagement clauses are enforceable in light of 2019 amendments to the New Jersey Law Against Discrimination (NJLAD) prohibiting the use of non-disclosure agreements in employment contracts and settlement agreements. The amendments, set forth in N.J.S.A. 10:5-12.8(a), banned provisions “in

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

In C.V. v. Waterford Township Board of Education, (A-24-22/087260) (Decided September 13, 2023), the Supreme Court of New Jersey reinstated a sex discrimination claim brought under the New Jersey Law Against Discrimination (NJLAD) by the parents of a sexual assault victim. In reaching its decision, the court confirmed that sexual

NJ Supreme Court Sets Guidelines for Use of Remote Interpreters

NJ Supreme Court Sets Guidelines for Use of Remote Interpreters

In State v. Oscar R. Juracan-Juracan (A-32-22/087849), the Supreme Court of New Jersey held that there is a presumption that foreign language interpretation services will be provided in person during a criminal trial, citing the New Jersey Judiciary’s longstanding practice. Accordingly, the court set forth guidelines and factors to assist

NJ Supreme Court Establishes Procedure for a Prima Facie Showing of Cohabitation

NJ Supreme Court Establishes Procedure for a Prima Facie Showing of Cohabitation

In Cardali v. Cardali (A-25-22/087340) (Decided August 8, 2023), the Supreme Court of New Jersey clarified what is needed to obtain discovery in a motion seeking to terminate or suspend alimony payment. Under the court’s decision, a movant need not present evidence on all of the cohabitation factors in order

NJ Supreme Court Declines to Alter Double Jeopardy Jurisprudence

NJ Supreme Court Declines to Alter Double Jeopardy Jurisprudence

In State v. Stephen A. Zadroga (A-22-22/087156) (Decided August 9, 2023), the Supreme Court of New Jersey held that double jeopardy did not bar the retrial of defendant Stephen A. Zadroga. In reaching its decision, the court declined to adopt a per se rule that whenever a mistrial follows the