In Flanzman v. Jenny Craig, Inc., the Supreme Court of New Jersey held that an arbitration agreement that did not name the arbitrator, designate an arbitration organization to conduct the proceeding, or set forth a process for the parties to choose an arbitrator was still enforceable. Facts of Flanzman v. Jenny
In Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (A-15-19/083197) (Decided August 19, 2020), the Supreme Court of New Jersey addressed the legality of Newark’s civilian complaint review board, which was established to investigate allegations of police misconduct. The court held that “state law permits the
In State v. Robert Andrews, (A-72-18/082209) (Decided August 10, 2020), the New Jersey Supreme Court held that a defendant can be compelled to disclose a cellphone password. According to the four-member majority, requiring defendants to unlock their phones does not violate the Self- Incrimination Clause of the Fifth Amendment to
In Sun Chemical Corporation v. Fike Corporation, (A-89-18/082815) (July 29, 2020),the New Jersey Supreme Court held that a Consumer Fraud Act (CFA) claim can be filed concurrently with a Product Liability Act (PLA) claim in the same complaint. “PLA and CFA claims may proceed in separate counts of the same
In Arafa v. Health Express Corp., (A-6-19-/083174) (July 14, 2020),the Supreme Court of New Jersey held that that arbitration agreements can be enforceable under the New Jersey Arbitration Act (NJAA), even if those agreements would be otherwise exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA). In
In Christian Mission John 3:16 v. Passaic City, (A-33-19/083487) (Decided July 15, 2020), the Supreme Court of New Jersey held that a Passaic church was entitled to a property tax exemption, even though it had not yet received a certificate of occupancy. “The issuance of a certificate of occupancy, temporary or
In State v. Michael A. Jackson, (A-11-19/082735)(Decided July 2, 2020), the Supreme Court of New Jersey held that the defendant was deprived of his right to confrontation and denied a fair trial. According to the court, the jury should have had full access to the cooperating witness’s plea agreement history through
The Supreme Court of New Jersey recently held that due process protections must be added to the process by which New Jersey prisoners may seek a medical furlough under Executive Order 124. Specifically, the court held in In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings,
