NJ Supreme Court to Determine Whether Electric Scooter Is a Pedestrian

Technological innovations continue to raise novel questions before the state’s highest court. The New Jersey Supreme recently granted certification in Goyco vs. Progressive Insurance Co., which asks whether a person riding an electric scooter qualifies as a “pedestrian” for the purposes of a personal injury lawsuit. Facts of the Case

NJ Supreme Court to Clarify Ministerial Exception

The Supreme Court of New Jersey recently granted certification in a case that will determine whether the ministerial exception, which prohibits the application of anti-discrimination laws to religious institutions’ employment relationships with its “ministers,”  applies to claims other than employment discrimination. As the U.S. Supreme Court explained in Our Lady

NJ Supreme Court to Decide Constitutionality of Witness Tampering Statute

The New Jersey Supreme Court recently heard oral arguments in State v. William Hill, which challenges the constitutionality of the state’s witness tampering statute. The defendant, William Hill, argues that the statute is unconstitutionally overbroad and vague. Appellate Division Decision While awaiting trial for a violent carjacking, William Hill mailed

NJ Supreme Court to Decide COVID-Era Business Interruption Claim

The Supreme Court of New Jersey recently heard oral arguments in a case that could impact thousands of businesses that suffered pandemic losses. The issue before the court in AC Ocean Walk LLC v. American Guarantee and Liability Insurance Co. et al. is whether a New Jersey casino is entitled

NJ Supreme Court Considers OPRA’s Definition of Public Agency

The Supreme Court of New Jersey recently heard oral arguments in American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey. The closely-watched case involves whether the County Prosecutors Association of New Jersey (CPANJ), which is a nonprofit association comprised of the twenty-one county prosecutors of

New Jersey High Court Rules Ocean County Not Entitled to Immunity for Jail Suicide

In Conforti v. County of Ocean (A-1-22/086206) (Decided August 10, 2023), the Supreme Court of New Jersey held that Ocean County was not immune from liability for negligence in connection with a suicide death of an individual incarcerated at the Ocean County Jail. According to the court, the evidence in

NJ Supreme Court to Decide Legality of Non-Disparagement Clauses

The Supreme Court of New Jersey has agreed to decide whether non-disparagement clauses are enforceable in light of 2019 amendments to the New Jersey Law Against Discrimination (NJLAD) prohibiting the use of non-disclosure agreements in employment contracts and settlement agreements. The amendments, set forth in N.J.S.A. 10:5-12.8(a), banned provisions “in

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

In C.V. v. Waterford Township Board of Education, (A-24-22/087260) (Decided September 13, 2023), the Supreme Court of New Jersey reinstated a sex discrimination claim brought under the New Jersey Law Against Discrimination (NJLAD) by the parents of a sexual assault victim. In reaching its decision, the court confirmed that sexual