In Bank Leumi USA v. Kloss, (A-32-19/083372) (Decided July 21, 2020),the Supreme Court of New Jersey clarified the state’s entire controversy doctrine at the request of the Third Circuit Court of Appeals. It held that a party who files a successful motion to dismiss for failure to state a claim
New Jersey’s highest court has signed off on the state’s plan to borrow $9.9 billion to address COVID-19-related revenue losses. The New Jersey Supreme Court held in New Jersey Republican State Committee v. Philip D. Murphy (A-82-19/084731) (Decided August 12, 2020) that the State’s plan to issue bonds and borrow
In Carol Crispino v. Township of Sparta (A-16-19/083171) (Decided July 22, 2020), the Supreme Court of New Jersey struck a municipal resolution imposing a special assessment to fund a private dam restoration project. According to the court, the Township arbitrarily applied the special assessment to plaintiffs’ properties because the expert
In Bryheim Jamar Baskin v. Rafael Martinez, (A-70-18/081982) (Decided July 9, 2020), the Supreme Court of New Jersey held that a Camden police officer is not entitled to qualified immunity on summary judgment. According to the court, the issue of whether Detective Martínez’s use of deadly force was objectively reasonable
In Lembo v. Marchese, (A-92-18/082930) (Decided June 17, 2020), the Supreme Court of New Jersey held that the New Jersey Uniform Fiduciaries Law (UFL) does not authorize an affirmative cause of action against a bank. Rather, it provides a bank with a limited immunity from liability for failing to take
In Arthur G. Whelan v. Armstrong International, Inc., (A-40/41/42/43/44/45/46-18/081810) (Decided June 3, 2020), the Supreme Court of New Jersey ruled that asbestos liability can extend to third-party replacement parts. The court specifically held thatmanufacturers and distributors can be found strictly liable for failure to warn of the dangers of their
In Felix v. Richards, (A-27-18/081799) (Decided February 26, 2020), the Supreme Court of New Jersey held that the creation of the basic automobile insurance policy option, without bodily injury liability coverage, did not modify the state’s deemer statute (N.J.S.A. 17:28-1.4). The divided court further rejected the Government Employee Insurance Company’s (GEICO)
In Estate of Mary Van Riper v. Director, Division of Taxation (A-51-18/082000) (Decided February 5, 2020), the Supreme Court of New Jersey addressed the application of New Jersey’s transfer inheritance tax statute. It held that the New Jersey Division of Taxation (Division) properly taxed the full value of the home
