In Kathleen M. Moynihan v. Edward J. Lynch (A-64-20/085157) (Decided March 8, 2022), the Supreme Court of New Jersey held that N.J.S.A. 25:1-5(h)’s provision compelling parties to seek the advice of counsel — and therefore retain counsel — before signing a palimony agreement violates the substantive due process guarantee of
In State v. Anthony Sims, Jr. (A-53-20/085369) (Decided March 16, 2022), the New Jersey Supreme Court rejected an Appellate Division ruling requiring police officers, prior to interrogation, to inform an arrestee of the charges that will be filed against him, even when no complaint or arrest warrant has been issued
Police officers accused of misconduct do not have an automatic right to appeal an order denying qualified immunity in an action under the New Jersey Civil Rights Act (NJCRA), according to a recent decision by the Supreme Court of New Jersey. Rather, a defendant seeking to challenge a trial court’s
In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the
In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —
In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to
The New Jersey Supreme Court recently clarified when police internal affairs (IA) reports must be disclosed to the public under both the Open Public Records Act (OPRA) and the common law right of access. The court ultimately concluded that while OPRA does not permit access to internal affairs reports, records can
In State v. Christopher Radel (A-44-20) and State v. Keith Terres (A-45-20) (Decided January 20, 2022), the Supreme Court of New Jersey held that when an arrest occurs outside a home, the police may not enter the dwelling or conduct a protective sweep in the absence of a reasonable and
