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
The Supreme Court of New Jersey ruled in Josh Finkelman v. National Football League (NJ, 2019) that the National Football League (NFL) did not run afoul of the New Jersey Ticket Law when distributing tickets to the 2014 Super Bowl. According to the unanimous court, New Jersey Ticket Resale Law
A New York federal judge recently gave sanctuary cities a significant legal victory. U.S. District Judge Edgardo Ramos of Manhattan issued a permanent injunctionprohibiting the Department of Justice (DOJ) from imposing immigration-related conditions on Edward Byrne Memorial Assistance Grant (Byrne-JAG) public safety funds distributed in New Jersey, as well as New York City,
The U.S. Supreme Court recently heard oral arguments in Timbs v. Indiana, regardingwhether the Excessive Fines Clause of the Eighth Amendment applies against the states. That clause remains one of the few provisions of the Bill of Rights that has not yet been ruled applicable to the states through the doctrine of
Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause. Facts of the Case In 2002, the
