In Graphnet, Inc. v. Retarus, Inc. (A-71-20/085529) (Decided February 11, 2022), the Supreme Court of New Jersey ruled that a new trial on damages was required after the jury received confusing instructions on the purpose of nominal damages by stating in the same instructions that nominal damages compensate a plaintiff
In City of Austin, Texas v. Reagan National Advertising of Austin, LLC, the U.S. Supreme Court held that the City of Austin’s sign ordinance, which regulates “off-premises” signs more strictly than “on-premises” signs, was facially content-neutral. Accordingly, the Court remanded the case to the lower court to apply intermediate rather than
In Kathleen M. Moynihan v. Edward J. Lynch (A-64-20/085157) (Decided March 8, 2022), the Supreme Court of New Jersey held that N.J.S.A. 25:1-5(h)’s provision compelling parties to seek the advice of counsel — and therefore retain counsel — before signing a palimony agreement violates the substantive due process guarantee of
In State v. Anthony Sims, Jr. (A-53-20/085369) (Decided March 16, 2022), the New Jersey Supreme Court rejected an Appellate Division ruling requiring police officers, prior to interrogation, to inform an arrestee of the charges that will be filed against him, even when no complaint or arrest warrant has been issued
Police officers accused of misconduct do not have an automatic right to appeal an order denying qualified immunity in an action under the New Jersey Civil Rights Act (NJCRA), according to a recent decision by the Supreme Court of New Jersey. Rather, a defendant seeking to challenge a trial court’s
In Houston Community College System v. Wilson, the U.S. Supreme Court held that an elected trustee who was publicly censured by his board did not have a First Amendment claim. In reaching its decision, the Court explained that the purely verbal censure was itself a form of free speech by
In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the
In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —
