In Kornbleuth v. Westover, (A-71-18/081898) (Decided March 11, 2020), the Supreme Court of New Jersey held property owners who filed a lawsuit against their neighbors over the destruction of bamboo “fence” were required to show their property value was diminished as a result. Facts of Kornbleuth v. Westover Plaintiffs Joseph
The New Jersey Supreme Court recently gave the green light to a funeral director who filed a suit under the state’s Law Against Discrimination (LAD) alleging that he was terminated for legally using medical marijuana. According to the court’s decision in Wild v. Carriage Funeral Holdings, Inc., (A-91-18/082836) (Decided March
There are limits on how many times prosecutors can submit a case to a grand jury after a prior grand jury declines to indict, according to the Supreme Court of New Jersey. In State v. Jerome Shaw, Jr. (A-59-18/081652) (Decided March 4, 2020), the state’s highest court held that if
In State v. Donna M. Alessi (A-41/42-17/079255) (Decided January 27, 2020), the New Jersey Supreme Court confirmed that the police may not pull over a driver for questioning in furtherance of an investigation without reasonable suspicion that she committed a crime or traffic violation. As the court explained, “A law
In New Jersey Land Title Association v. Dana Rone (A-82-18/082620) (Decided February 4, 2020), the Supreme Court of New Jersey held that county clerks and registers may not charge a convenience fee for electronic filing of documents concerning real property. The court did not issue a plenary opinion, but rather
In Melnyk v. Board of Education of the Delsea Regional High School District (A-77-18/082354) (Decided January 30, 2020), the Supreme Court of New Jersey held that an instructional and tenure-eligible position did not become extracurricular and tenure ineligible simply because the teacher already held tenure in another position. According to
The Supreme Court of New Jersey recently heard oral arguments in a closely-watched Fifth Amendment case. The issue in State v. Andrews is whether the defendant can be forced to turn over the passcode for his encrypted iPhone. During oral arguments, Justice Barry Albin acknowledged that the case “could cause the court
In State of New Jersey in the Interest of A.A., (A-50-18) (081793) (Decided January 15, 2020), the Supreme Court of New Jersey clarified when the incriminating statements of a juvenile can be used against him or her. According to the court, “To address the special concerns presented when a juvenile
