n Frances Green v. Monmouth University, (A-63-17/080612) (Decided May 7, 2019), the Supreme Court of New Jersey held that Monmouth University is entitled to charitable immunity in a lawsuit involving an injury suffered at a Martina McBride concert on campus in 2012. According to the Court, the “concert was promoting the
In Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission, (NJ 2018) the Supreme Court of New Jersey held that the Legislature properly invoked the Legislative Review Clause. Legislative Review Clause In 1992, the New Jersey Constitution was amended to include the Legislative Review Clause. It authorizes the
In State v. Anthony (A-11-17/079344)(Decided March 13, 2019), the Supreme Court of New Jersey clarified the process law enforcement officers must follow when they ask eyewitnesses to try to identify a suspect. In doing so, the state’s highest court mandated several new safeguards for the admission of eyewitness identification evidence.
In Joshua Haines v. Jacob W. Taft, (A-13/14-17) (Decided March 26, 2019), the Supreme Court of New Jersey held that that plaintiffs who elected limited $15,000 personal injury protection (PIP) coverage can’t seek economic damages for the difference between their reduced limit and the amount of their unpaid medical bills, totaled
In State v. Hester, A-91-16/079228 (Decided May 30, 2018),the Supreme Court of New Jersey struck down 2014 amendments to the Violent Predator Incapacitation Act (VPIA), which is part of Megan’s Law. The state’s highest court found that the amendments violated the Ex Post Facto Clauses of the U.S. and New
In Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-2/3-17/079470 (March 4, 2019), the New Jersey Supreme Court held that the admissibility of medical expert testimony using terms such as “somatization” and “symptom magnification” must be determined by trial courts on a case-by-case basis, consistent with the New Jersey Rules of Evidence
In State v. Chisum (decided February 5, 2019) the Supreme Court of New Jersey held that police officers lacked a reasonable suspicion to justify detaining 10 party guests in a motel room after concluding their investigation of a noise complaint. Accordingly, the weapons they discovered during the investigatory detention were
New Jersey’s ban on restaurants advertising “bring your own beer” (BYOB) is unconstitutional, according to a recent federal court decision. In GJJM Enterprises v. City of Atlantic City, Judge Joseph Rodriguez of the District of New Jersey ruled that the ban “places a content-based restriction on speech that fails strict scrutiny
