In Sergeant First Class Frank Chiofalo v. State (A-30-18/081607) (Decided July 16, 2019), the Supreme Court of New Jersey sided with state trooper who alleges that he faced retaliation in the wake of the Death Race 2012 scandal. In doing so, the court made it clear that whistleblowers seeking to
The U.S. Supreme Court has declined to hear Doe v. Boyertown Area School District. The Court’s refusal to grant certiorari means that the Third Circuit’s decision allowing a Pennsylvania school district to adopt a transgender-friendly bathroom policy will remain in place. Challenge to Transgender Bathroom Policy Prior to the 2016–17 school
In The American Legion v. American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not run afoul of the First Amendment’s Establishment Clause. While the Court’s plurality decision does not establish a bright-line test, it does provide guidance for local governments faced with questions
In State v. Kwesi Green, (A-56/57-17/080562) (Decided June 23, 2019), the Supreme Court of New Jersey raised questions about the use of electronic databases to identify suspects in criminal cases. It will also require new safeguards going forward. “The Court proposes revisions to Rule 3:11 to offer clearer guidance on
The Supreme Court of New Jersey recently agreed review the Appellate Division’s decision in Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC. The case involves whether the protections afforded by the New Jersey Law Against Discrimination extend to medical cannabis users. Facts of the Case Plaintiff
In S.L.W. v. New Jersey Division of Pensions and Benefits, the Supreme Court of New Jersey held that children of Police and Firemen’s Retirement System (PFRS) members are not required to meet a dependency requirement to be entitled to survivor benefits. According to the court, its conclusion is consistent with
In G.A.-H. v. K.G.G., (A-25/26-18/081545) (Decided June 26, 2019), the Supreme Court of New Jersey held that the employer and co-worker of a man who sexually abused a minor can’t be held liable for failing to report the abuse to law enforcement. According to the court, no reasonable trier of fact
The New Jersey Legislature is advancing a bill that clarifies the standard for liability in sexual abuse lawsuits against public entities and public employees. Senate Bill 3739 aims to address the confusion created by recently enacted Senate Bill 477, which extended the statute of limitations for civil sexual abuse claims. The new standards are
