NJ Supreme Court Clarifies Custodial Interrogation

In State v. Amandeep K. Tiwana (A-36-22/087919) (Decided November 20, 2023), the Supreme Court of New Jersey held that an investigating detective’s self-introduction to the defendant at her bedside in the hospital following a car crash did not constitute a custodial interrogation warranting the administration of warnings under Miranda v.

The NJ Supreme Court’s Most Significant Decisions of 2023

Unlike SCOTUS, the justices of the New Jersey Supreme Court often all agreed with one another this year, reaching August before issuing a single dissent. The Court’s most precedential decision was Facebook, Inc. v. State, in which the justices unanimously held that Facebook could not be compelled to provide the

NJ Supreme Court Clarifies Workers’ Compensation Act’s “Authorized Vehicle Rule”

In Henry Keim v. Above All Termite & Pest Control (A-30-22/087603) (Decided November 21, 2023), the Supreme Court of New Jersey held that an employee’s car accident occurred “in the course of employment” and was therefore compensable under the Workers’ Compensation Act (the Act). In reaching its decision, the Court

NJ Supreme Court Establishes New Standards for Drug Recognition Experts

In State v. Olenowski (A-56-18) (082253) (Decided November 15, 2023), the Supreme Court of New Jersey held that Drug Recognition Expert (DRE) testimony is reliable and admissible under the criteria set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), albeit with certain limitations. The decision is

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