In Winberry Realty Partnership v. Borough of Rutherford (A-22/53-19/083156) (Decided June 28, 2021), the Supreme Court of New Jersey held that the Borough of Rutherford’s Tax Collector was not entitled to qualified immunity. According to the court, the Tax Collector’s refusal to provide the redemption amount to plaintiffs because the
In Richter v. Oakland Board of Education (A-23-19/083273) (Decided June 8, 2021), the Supreme Court of New Jersey held that an adverse employment action is not a required element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (LAD). Facts of Richter v. Oakland Board of Education Plaintiff
In Baffi Simmons v. Wendy Mercado (A-18-20/084695) (Decided June 17, 2021), the Supreme Court of New Jersey ordered the City of Millville to comply with an Open Public Records Act (OPRA) request for complaint-summonses, known as CDR-1s. The court held that while the Judiciary may have created the template for
The New Jersey Supreme Court has brought much-needed clarity to an issue that has plagued landlords — are they obligated to clear snow and ice while precipitation is still falling? In Angel Alberto Pareja v. Princeton International Properties (A-4-20/084394) (Decided June 10, 2021), the court adopted the ongoing storm rule,
In State v. Leo T. Little, Jr. (A-80-19/084115) (Decided May 27, 2021), the Supreme Court of New Jersey held that voir dire questioning by the trial court of prospective jurors during jury selection deprived the defendant of a fair trial. Facts of State v. Little, Jr. According to trial testimony,
In State v. Kanem Williamson (A-65-19/083979) (Decided May 10, 2021), the Supreme Court of New Jersey affirmed that the trial court correctly admitted the victim’s statement identifying defendant as her shooter as a dying declaration under N.J.R.E. 804(b)(2). The court further held that the admission of the victim’s statement as
In Baskin v. P.C. Richard & Son, LLC (A-77-19/(084257) (Decided May 5, 2021), the Supreme Court of New Jersey clarified the requirements for maintaining a class-action lawsuit. Applying these standards, it held that the plaintiffs sufficiently pled a class action against defendants for noncompliance with the Fair and Accurate Credit
In State v. Omar Vega-Larregui (A-33-20/085288) (Decided April 28, 2021), the Supreme Court of New Jersey rejected arguments that the use of virtual grand juries in response to the COVID-19 pandemic runs afoul of the Federal of State Constitution. “This court has utilized technology to preserve, not to undermine, the
