The New Jersey Supreme Court recently agreed to consider Linden Democratic Committee v. City of Linden. The question is whether, under the Municipal Vacancy Law, the Linden Municipal Council had discretion to keep a seat on the Council vacant until the next general election, rather than appointing one of the
In G.C. v. Division of Medical Assistance and Health Services (A-35/36/37-20) (084417) (Decided November 18, 2021), the Supreme Court struck down N.J.A.C. 10:72-4.4(d)(1) as inconsistent with its state enabling legislation and contrary to legislative intent. The court also expressed grave concerns that the regulation’s method of operation is also inconsistent
In granting certification in Samolyk v. Berthe, the Supreme Court of New Jersey has agreed to consider whether the rescue doctrine, which in some instances permits an injured rescuer to maintain a cause of action against the person whose negligence placed a victim in imminent danger, extends to the rescue
The Supreme Court of New Jersey has agreed to determine whether Jersey City’s 1% payroll tax is constitutional. Earlier this year, the Appellate Division held in Mack-Cali Realty Corp. v. State of New Jersey that the ordinance was unconstitutional, concluding that it ran afoul of the Commerce Clause. Facts of
In Pritchett v. State (A-5-20/084451) (Decided August 12, 2021), the Supreme Court of New Jersey held that trial courts reviewing a punitive damages award issued by a jury against a public entity defendant must apply heightened scrutiny. Facts of Pritchett v. State Plaintiff Shelly Pritchett worked for the Juvenile Justice
In the consolidated cases of State v. Mark Melvin (A-44-19/083298) (Decided September 23, 2021) and State v. Michelle Paden-Battle (A-13-20/084603) (Decided September 23, 2021), the Supreme Court of New Jersey addressed whether a trial judge can consider a defendant’s alleged conduct for crimes for which a jury returned a not
In New Jersey Division of Child Protection and Permanency v. J.R.-R. (A-56/57-19) (Decided September 27, 2021), the Supreme Court of New Jersey clarified that in a case where the Division of Child Protection and Permanency (DCPP) has established that a child has been abused or neglected while in the care
In C.R. v. M.T. (A-58-19/083760) (Decided September 28, 2021), the Supreme Court of New Jersey addressed what standard should apply in determining whether an alleged sexual assault victim was too intoxicated to give consent under the Sexual Assault Survivor Protection Act of 2015 (SASPA). It concluded that the standard should
