NJ Supreme Court Sets Consent Standard for Intoxicated Victim Under SASPA

In C.R. v. M.T. (A-58-19/083760) (Decided September 28, 2021), the Supreme Court of New Jersey addressed what standard should apply in determining whether an alleged sexual assault victim was too intoxicated to give consent under the Sexual Assault Survivor Protection Act of 2015 (SASPA). It concluded that the standard should

NJ Supreme Court Holds Dog Ownership Records Not Exempt From OPRA Requests

In Bozzi v. Jersey City, (A-12-20/084392) (Decided September 20, 2021), the Supreme Court of New Jersey held that owning a dog is a substantially public endeavor in which people do not have a reasonable expectation of privacy that exempts their personal information from disclosure under the privacy clause of the

NJ Supreme Court Rules Dog Bite Statute’s Strict Liability Applies to Independent Contractor

In Bonay Goldhagen v. Susan Pasmowitz (A-17-20/084668) (Decided August 5, 2021), the Supreme Court of New Jersey held that the Dog Bite Statute’s strict liability standard applies to the claim of an independent contractor who agrees to care for a dog. According to the court, the statute’s plain language reveals

Can NJ Schools Still Provide Special Education Services Remotely?

Can NJ Schools Still Provide Special Education Services Remotely?

The New Jersey Department of Education rescinded the COVID-19 pandemic-related emergency rule allowing special education services to be provided virtually… Effective September 8, 2021, the New Jersey Department of Education rescinded the COVID-19 pandemic-related emergency rule allowing special education services to be provided virtually. However, school districts may continue to

NJ Supreme Court Rules Pension Forfeiture Not a Fine Subject to Excessive-Fine Analysis

In State v. Bennie Anderson (A-15/16-20) (084365) (Decided August 11, 2021), the Supreme Court of New Jersey held that the forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for purposes of an excessive-fine analysis under the Federal or State Constitutions. Because the forfeiture is not a

New Jersey Supreme Court Clarifies Tort Claims Act Notice Requirements

In H.C. Equities, LP v. County of Union (A-1/2-20/084556) (Decided July 19, 2021), the Supreme Court of New Jersey held that multiple documents cannot collectively constitute effective notice of a tort claim under the Tort Claims Act (TCA or Act). TCA Notice Requirements The TCA requires a claimant seeking to

New Law Requires NJ School Districts to Implement Anti-Hazing Policies

New Law Requires NJ School Districts to Implement Anti-Hazing Policies 

On August 24, 2021, New Jersey Gov. Phil Murphy signed Timothy J. Piazza’s Law… On August 24, 2021, New Jersey Gov. Phil Murphy signed Timothy J. Piazza’s Law. The new law requires public and non-public middle schools and high schools, as well as higher education institutions, to adopt anti-hazing policies