Category: NJ Supreme Court Reporter

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

In C.R. v. M.T. (A-47-22/087887) (Decided April 22, 2024), the Supreme Court of New Jersey clarified the showing required to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA). According to the Court, the plain language of N.J.S.A. 2C:14-16(a)(2)r creates a standard that is

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

The Supreme Court of New Jersey recently granted certification in Fuster v. Township of Chatham. The question before the justices is whether a body worn camera (BWC) video-recorded statement can be obtained under the State’s Open Public Records Acy (OPRA) or the common law right of access. Facts of the

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

In Robey v. SPARC Group LLC (A-50-22/087981) (Decided March 25, 2024), the Supreme Court of New Jersey held that a class of shoppers at the retail clothing store Aéropostale failed to sufficiently plead a claim under the Consumer Fraud Act (CFA). According to the divided Court, the shoppers didn’t demonstrate

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

In State v. Kalil Cooper (A-35-22/087742) (Decided March 27, 2024), the Supreme Court of New Jersey held that the statute criminalizing the promotion of organized street crime (N.J.S.A. 2C:33-30) does not contain within it, as a predicate offense, the crime of conspiracy to distribute a controlled dangerous substance (CDS). Accordingly,

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

In State v. Isaiah J. Knight (A-39-22/087822) (Decided March 5, 2024), the Supreme Court of New Jersey held that a sought-after affidavit was physical evidence of the crimes of witness tampering and kidnapping for which the Defendant and others has been charged. Accordingly, it was subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D).

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

In Players Place II Condominium Association, Inc. v. K.P. (A-60/61-22/088139) (Decided March 15, 2024), the Supreme Court of New Jersey established a test to govern housing requests for emotional support animals, finding that they should be treated differently than pets. Under the Court’s new framework, individuals who seek an accommodation

State v. Shlawrence Ross

New Jersey Supreme Court Decides State v. Shlawrence Ross

In State v. Shlawrence Ross (A-34-22/087823) (Decided March 5, 2024), the Supreme Court of New Jersey held that prosecutors could obtain a bullet extracted from the defendant’s body via surgical procedure pursuant to a search warrant. According to the Court, the proper analysis for determining whether the State can obtain

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

The Supreme Court of New Jersey recently took the first step in regulating how attorneys use artificial intelligence (AI). The key message from the state’s highest court is that while AI technology may revolutionize the legal industry, the old rules governing attorney ethics still apply. In September, the New Jersey