In New York v. New Jersey, 598 U. S. ____ (2023), the U.S. Supreme Court held that New Jersey may unilaterally withdraw from the Waterfront Commission Compact, which oversees law enforcement at the Port of New York and New Jersey. The Court’s decision was unanimous. Facts of New York v. New
In In re Alleged Failure of Altice U.S., Inc., the Supreme Court of New Jersey held that Section 543(a)(1) of the Cable Act does not preempt the proration requirement in N.J.A.C. 14:18-3.8. According to the state’s highest court, the regulation does not regulate “rates for the provision of cable service,” but rather
In State v. Joseph S. Macchia (A-49-21/086334) (Decided March 16, 2023), the Supreme Court of New Jersey held that juries are not required to unanimously agree on why they reject a claim of self-defense or explain their reasoning. The court’s decision was unanimous. Facts of State v. Macchia Defendant Joseph
In Malanga v. Township of West Orange (A-45-21/086087) (Decided March 13, 2023), the Supreme Court of New Jersey held that the Township of West Orange improperly designated the site of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law (LRHL).
In Statewide Insurance Fund v. Star Insurance Company (A-62-21/086440) (Decided February 16, 2023), the Supreme Court of New Jersey held that a public entity joint insurance fund (JIF) established under the Joint Insurance Fund Act affords liability protection to public entities through “self-insurance,” not insurance. Accordingly, the “other insurance” clause
In State v. Richard Gomes (A-64/65-21/087192) (Decided February 14, 2023), the Supreme Court of New Jersey unanimously held that defendants who received conditional discharges for marijuana offenses before the 2021 adoption of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), are not statutorily ineligible for admission into the
In State v. Terrell M. Chambers (A-35-21/086317) (Decided January 23, 2023), the Supreme Court of New Jersey addressed when defendants should be able to access a rape victim’s mental health records. The court ultimately held that a heightened discovery standard should govern a defendant’s motion for pre-incident mental health records
The Supreme Court of New Jersey is poised to consider one of several key criminal law issues that has arisen in the wake of the state’s efforts to expunge low-level marijuana convictions. The key issue before the court in the consolidated cases of State v. Richard Gomes and State v.
