The New Jersey Supreme Court recently heard oral arguments in a case concerning what type of evidence is admissible to show that a defendant was under the influence of narcotics while driving, specifically the admissibility of drug recognition expert (DRE) testimony. The court’s decision in State v. Michael Olenowski is likely
The Supreme Court of New Jersey recently agreed to consider the extent of social host liability under New Jersey law. The case, Estate of Narleski v. Gomes, specifically involves whether there is a legal duty of the owners or occupants of a home to prevent underage individuals from consuming alcohol
U.S. District Judge Brian Martinotti recently issued a preliminary injunction in Americans for Prosperity v. Grewal. The order halts the implementation of Senate Bill No. 150, which is often referred to as New Jersey’s dark money law. In support of his decision, Judge Martinotti cited “the likely unconstitutional reach of the
In State v. Charudutt J. Patel (A-13-18/081069) (Decided August 7, 2019), the Supreme Court of New Jersey clarified the applicable standards for both indigent and non-indigent defendants who seek relief from an enhanced custodial sentence for a second or subsequent driving while intoxicated (DWI) based on a claimed denial of
In J.H. v. R&M Tagliareni, LLC, (A-6-18/081128) (Decided July 31, 2019), the Supreme Court of New Jersey held that landlords do not have a duty to cover radiators in their apartment buildings. The case arose from the injuries to a nine-month old child, who was severely burned when he came
In L.R. v. Camden City Public School District,the Supreme Court of New Jersey addressed the extent to which school districts must provide information to requestors on settlement agreements with parents of special education students under the Open Public Records Act (OPRA) and the New Jersey Public Records Act (NJPRA). The six participating justices
In State v. A.T.C., (A-28-18/081201) (Decided August 8, 2019), the Supreme Court of New Jersey held that the Jessica Lunsford Act (JLA) does not violate the separation of powers doctrine provided that certain conditions are satisfied. Specifically, the State must present a statement of reasons explaining its decision to depart from
In Sergeant First Class Frank Chiofalo v. State (A-30-18/081607) (Decided July 16, 2019), the Supreme Court of New Jersey sided with state trooper who alleges that he faced retaliation in the wake of the Death Race 2012 scandal. In doing so, the court made it clear that whistleblowers seeking to
