NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

In Hassan v. Borough of Emerson, the Appellate Division of the New Jersey Superior Court held that a plaintiff’s complaint in lieu of prerogative writs challenging a resolution granting site approval for a redevelopment project was time-barred because it was not filed within the required 45-day period. The court’s decision

NJ Supreme Court Holds Volunteering Employee Entitled to Workers Comp

In Goulding v. NJ Friendship House, Inc., (A-48-19/083726) (Decided February 8, 2021), the Supreme Court of New Jersey held that an employee volunteering at an employer-sponsored event was entitled to compensation for her injuries under the state’s Worker’s compensation Act. According to the unanimous court, plaintiff Kim Goulding’s role at

Legislative Update: Senate Education Committee Advances Teacher Diversity Bill Package

Legislative Update: Senate Education Committee Advances Teacher Diversity Bill Package

The Senate Education recently advanced eight bills that will impact New Jersey school districts if they are enacted in law. The legislative package, introduced by Senate Education Chair M. Teresa Ruiz, aims to increase diversity among the state’s teachers. “During our hearing on teacher diversity, we heard from countless educators

NJ Supreme Court Rules Teacher “Release Time” Does Not Violate State Constitution

NJ Supreme Court Rules Teacher “Release Time” Does Not Violate State Constitution

In Rozenblit v. Lyles, the New Jersey Supreme Court issued a significant decision rejecting statutory and constitutional challenges to provisions in a collective negotiations agreement [CNA] between the Jersey City School District [District] and the Jersey City Education Association [Association] that authorized two teachers [“releasees”], employed and paid by the District,

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

NJ Supreme Court Clarifies WHL’s Good-Faith Defense

In Elmer Branch v. Cream-O-Land Dairy, (A-29-19/083379) (Decided January 13, 2021),the Supreme Court of New Jersey clarified the good faith defense under the New Jersey Wage and Hour Law (WHL), ruling that Cream-O-Land Dairy could not assert a defense under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations

New Jersey Supreme Court Rules Prosecutor’s “Shining” Reference

In State v. Damon Williams (A-46-19/083532) (Decided January 19, 2021), the Supreme Court of New Jersey held that the prosecutor’s comments and use of a PowerPoint slide referencing the movie The Shining amounted to prejudicial error. Facts of State v. Williams Defendant Damon Williams (Williams or Defendant) was charged with

New Jersey Supreme Court to Hear Challenge to Virtual Grand Juries

New Jersey Supreme Court to Hear Challenge to Virtual Grand Juries

The Supreme Court of New Jersey recently intervened in New Jersey v. Omar Vega-Larregui. The closely-watched case involves a constitutional challenge to the state’s virtual grand jury program, which was established in response to the COVID-19 pandemic. Virtual Grand Juries By Order dated May 14, 2020, the Court authorized a