In State v. Anthony Miranda (A-67-21/086773) (Decided by May 3, 2023), the Supreme Court of New Jersey held that the exigent-circumstances exception to the warrant requirement failed to justify an officer’s search of the defendant’s bag or the seizure of the weapons in that bag. Facts of State v. Miranda
The U.S. Supreme Court continues to issue decisions impacting New Jersey municipalities. In Shurtleff v. City of Boston, 596 U. S. ____ (2022), the U.S. Supreme Court held that the city of Boston violated the First Amendment when it rejected an application to fly a Christian flag on one of
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
The Supreme Court of New Jersey has agreed to consider Christian Mission John 316 v. Passaic City. The case involves when a property being converted to tax-exempt purposes will qualify for a tax exemption. Facts of Christian Mission John 316 v. Passaic City In 2009, Christian Mission, a church in
Gov. Phil Murphy recently signed two bills into law that amend provisions of the state’s workers’ compensation law to benefit first responders, including those who became ill after volunteering at the World Trade Center site in the days after 9/11. “Any first responder whose career has been cut short because of
Phase one, which became effective on June 30, 2019, increases the number of businesses who must comply with New Jersey’s Family Leave Act (“NJFLA”). Now employers with 30 or more employees will be subject to the NJFLA. As part of phase one the definition of family also has been expanded.
In State v. Hester, A-91-16/079228 (Decided May 30, 2018),the Supreme Court of New Jersey struck down 2014 amendments to the Violent Predator Incapacitation Act (VPIA), which is part of Megan’s Law. The state’s highest court found that the amendments violated the Ex Post Facto Clauses of the U.S. and New
In Hanover Floral Co. v. East Hanover Township, the Tax Court of New Jersey held that a taxpayer’s payment of taxes on a lot that it did not actually own was a “mistake” under N.J.S.A. 54:4-54. Accordingly, the taxpayer was entitled to a refund. Facts of the Case The plaintiff,