Tag: 2023

NJ Supreme Court Rules Real Time Facebook Content Requires Wiretap Order

NJ Supreme Court Rules Real Time Facebook Content Requires Wiretap Order

In Facebook v. State, (A-61-21; A-7-22/087054) (June 29, 2023), the Supreme Court of New Jersey held that Facebook can’t be compelled to provide the prospective communications of two users based only on probable cause. Citing the heightened privacy protections involved, the court unanimously held that the state’s wiretap act applies.

NJ Supreme Court Refuses to Award Attorney’s Fees in Public Records Dispute

NJ Supreme Court Refuses to Award Attorney’s Fees in Public Records Dispute

In Gannett Satellite Information Network, LLC v. Township of Neptune, (A-63-21/085719) (Decided June 30, 2023), the Supreme Court of New Jersey held that Gannett Satellite Information Network, LLC(Gannett) was not owed attorney’s fees in its records dispute with the Township of Neptune. The court unanimously declined to adopt an exception

NJ Supreme Court Clarifies Procedures for Defense Medical Exams

NJ Supreme Court Clarifies Procedures for Defense Medical Exams

In Kathleen DiFiore v. Tomo Pezic (A-58/59/60-21/087091) (Decided June 15, 2023), the Supreme Court of New Jersey clarified the procedures regarding who may attend a defense medical examination (DME) — as well as whether and how such examinations may be recorded — when a plaintiff has alleged cognitive limitations, psychological

New Jersey Supreme Court Rules Galvao Test for Borrowed Attorneys to Be Decided by Jury

New Jersey Supreme Court Rules Galvao Test for Borrowed Attorneys to Be Decided by Jury

In Pantano v. New York Shipping Association (A-19-22/087217) (Decided June 7, 2023), the Supreme Court of New Jersey held that an employer’s vicarious liability under the borrowed-employee doctrine, as guided by the test set forth in Galvao v. G.R. Robert Construction Co., 179 N.J. 462, 471-73 (2004), is presumptively for

NJ Supreme Court Takes on Key Arbitration Waiver Issue

NJ Supreme Court Takes on Key Arbitration Waiver Issue

The Supreme Court of New Jersey recently granted certiorari in Passaic County v. Horizon Healthcare Services. The closely watched case involves whether the requirement that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law applies in suits involving sophisticated

NJ Supreme Court Clarifies Test for Delayed Searches Incident to an Arrest

NJ Supreme Court Clarifies Test for Delayed Searches Incident to an Arrest

In State v. Joao C. Torres (A-15-22/086812) (Decided May 4, 2023), the Supreme Court of New Jersey addressed when law enforcement may conduct warrantless searches of a person incident to an arrest. It adopted the two-factor test set forth in State v. Lentz, 463 N.J. Super. 54, 70 (App. Div.

NJ Supreme Court Rules Exigent Circumstances Did Not Justify Weapons Seizure

NJ Supreme Court Rules Exigent Circumstances Did Not Justify Weapons Seizure

In State v. Anthony Miranda (A-67-21/086773) (Decided by May 3, 2023), the Supreme Court of New Jersey held that the exigent-circumstances exception to the warrant requirement failed to justify an officer’s search of the defendant’s bag or the seizure of the weapons in that bag. Facts of State v. Miranda

NJ Supreme Court Hears Oral Arguments in Bribery Case

NJ Supreme Court Hears Oral Arguments in Bribery Case

The Supreme Court of New Jersey recently heard oral arguments in State v. Jason M. O’Donnell, which involves the state’s bribery statute. The issue before court is whether a candidate who loses an election was still be convicted of accepting a bribe under NJSA 2C:27-2. Facts of State v. Jason