NJ Supreme Court Rules Judges Can’t Detain Non-Citizen Defendants to Prevent Removal

In State v. Lopez-Carrera (A-8-20/084750) and State v. Molchor; State v. Rios (A-9-20/084694) (Decided March 30, 2021), the Supreme Court of New Jersey held that the Criminal Justice Reform Act (CJRA) does not empower judges to detain defendants who are non-citizens to prevent immigration officials from removing them from the

NJ Supreme Court Clarifies Impact of Pretrial Detention on Unemployment Compensation

In Haley v. Board of Review (A-71-19/084123) (Decided March 17, 2021), the Supreme Court of New Jersey held that pretrial detention premised on charges that are later dismissed is not a separation from work that automatically disqualifies an applicant from unemployment benefits under the Unemployment Compensation Law (UCL). It further

NJ Supreme Court Rules NJ Transit to Common Carrier Standard Under TCA

In Anasia Maison v. New Jersey Transit Corporation (A-34/35-19/083484) (Decided February 17, 2021), the Supreme Court of New Jersey held that New Jersey Transit Corporation (NJ Transit) and its bus drivers are held to the same negligence standard under the Tort Claims Act (TCA) as other common carriers, which is

NJ Supreme Court Rules Investment Adviser Can Sue over Rescinded Employment Offer

In Jed Goldfarb v. David Solimine (A-24-19/083256) (Decided February 18, 2021), the Supreme Court of New Jersey held that New Jersey’s Uniform Securities Law of 1997 does not bar an investment advisor’s promissory estoppel claim for reliance damages in connection with a rescinded job offer. While the defendant argued that

NJ Supreme Court Addresses When Pre-Trial Detainees Can Challenge Detention in Light of COVID-19

The Supreme Court of New Jersey recently addressedthe impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. In the Matter of the Request to Release Certain Pretrial Detainees (M-550-20/085186) (Decided February 11, 2021), the court declined to grant categorical

NJ Supreme Court Clarifies Whether Failure-to-Register Offense Triggers Ex Post Facto Violations

The Supreme Court of New Jersey recently clarified whether state or federal constitutional ex post facto prohibitions permit defendants to be convicted of failure to comply with sex offender registration requirements when each defendant’s registration requirement arose from a conviction that occurred before the penalty for noncompliance was raised a

NJ Appeals Court Highlights Importance of Timeliness When Challenging Planning Board Decisions

In Hassan v. Borough of Emerson, the Appellate Division of the New Jersey Superior Court held that a plaintiff’s complaint in lieu of prerogative writs challenging a resolution granting site approval for a redevelopment project was time-barred because it was not filed within the required 45-day period. The court’s decision