NJ Supreme Court Clarifies Affidavit of Merit Requirement for Vicarious Liability Claims

NJ Supreme Court Clarifies Affidavit of Merit Requirement for Vicarious Liability Claims

In Haviland v. Lourdes Medical Center of Burlington County, Inc., (A-70-20/085419)(Decided April 12, 2022), the Supreme Court of New Jersey held that plaintiffs are not required to serve an Affidavit of Merit (AOM) against defendant health care facilities for claims of vicarious liability arising from the negligent conduct of an

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Now that adult-use cannabis sales have begun in New Jersey, many municipalities and their employees are raising questions about when off-duty cannabis use is permitted. One of the most controversial issues involves off-duty cannabis use by law enforcement. While the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act protects workers

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

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

Law Enforcement & Personal Use Cannabis

Law Enforcement & Personal Use Cannabis

On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.  Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions.  Some expressed support,

NJ Supreme Court Rules Prior Uncounseled DWI Convictions Can’t Be Used to Enhance Sentence for Subsequent DWI Convictions

In State v. Michael A. Konecny (A-21-20/084880) (Decided April 5, 2022), the Supreme Court of New Jersey held a previous uncounseled conviction for driving while intoxicated (DWI) can’t be used to enhance a sentencing scheme for subsequent DWI convictions. The court further holds that a conviction vacated through post-conviction relief

Controversy Over Sexual Health in New Jersey’s Student Learning Standards for Comprehensive Health & Physical Education

How to teach students about sexual health has become a controversial topic in recent years, and New Jersey is no exception. As the New Jersey Student Learning Standards for Comprehensive Health and Physical Education (NJSLS-CHPE) are debated in the media, it is essential that local school districts understand how the standards

NJ Supreme Court Rules Detectives’ Contradicting Miranda Warnings Invalidated Waiver

In State v. O.D.A.-C. (A-78-20/085608) (Decided May 2, 2022), the Supreme Court of New Jersey held that because a detective repeatedly contradicted and minimized the significance of the Miranda warnings, the State could not shoulder its heavy burden of proving the defendant’s waiver was voluntary. Facts of State v. O.D.A.-C.

NJ Supreme Court Orders New Trial on All Damages After Jury Given Erroneous Instructions

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