Tag: 2024

NJ Supreme Court Considers Statutory Requirements for Affidavit of Merit

NJ Supreme Court Considers Statutory Requirements for Affidavit of Merit

The New Jersey Supreme Court recently heard oral arguments in Wiggins v. Hackensack Meridian Health, which involves whether plaintiffs must serve an affidavit of merit (AOM) from a physician board certified in each of defendant doctor’s specialties. The Appellate Division previously held that the New Jersey Medical Care Access and Responsibility

NJ Supreme Court to Decide Whether Jury Can View Slow-Mo Replay of Video Evidence

NJ Supreme Court to Decide Whether Jury Can View Slow-Mo Replay of Video Evidence

The New Jersey Supreme Court recently heard oral arguments regarding a novel criminal law issues. The question before the justices in two consolidated cases, State of New Jersey v. Fuquan K. Knight and State of New Jersey v. Shaquan K. Knight, is whether it is permissible to replay video recordings multiple times

NJ Supreme Court Consider Admissibility of Shaken Baby Syndrome Expert Testimony

NJ Supreme Court to Consider Admissibility of Shaken Baby Syndrome Expert Testimony

The New Jersey Supreme Court recently heard oral arguments in two cases addressing the scientific reliability of expert testimony that shaking alone can cause the injuries associated with shaken baby syndrome (SBS), also known as abusive head trauma (AHT). Facts of the Case The State sought to admit expert testimony

NJ Supreme Court to Decide Whether NJ Has Jurisdiction Over Child Abuse Claims Against Archdiocese of Philadelphia

NJ Supreme Court to Decide Whether NJ Has Jurisdiction Over Child Abuse Claims Against Archdiocese of Philadelphia

The Supreme Court of New Jersey recently heard oral arguments in D.T. v. Archdiocese of Philadelphia (088966), which will decide whether the Archdiocese of Philadelphia must face child sexual abuse claims in New Jersey. The plaintiff brought the suit under the Child Victims Act, which provides a two-year revival window for

NJ Supreme Court Clarifies Statute of Limitations under the Wage Theft Act

NJ Supreme Court Clarifies Statute of Limitations under the Wage Theft Act

In Christopher Maia v. IEW Construction Group (A-3-23/088010) (May 15, 2024), the Supreme Court of New Jersey clarified the statute of limitations under the Wage Theft Act, holding that the 2019 law does not apply retroactively. Facts of Maia v. IEW Construction Group Plaintiffs Christopher Maia and Sean Howarth were

New Jersey Supreme Court Clarifies Post-Cassidy DWI Notification Procedures

New Jersey Supreme Court Clarifies Post-Cassidy DWI Notification Procedures

In State v. Thomas Zingis (A-66-21/087132) (Decided August 8, 2024), the Supreme Court of New Jersey determined the proper procedure for challenging a prior Dennis-affected DWI conviction when facing enhanced sentencing on a subsequent DWI. The case stemmed from the ongoing fallout of then-Sergeant Marc Dennis’s certification of improperly conducted

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

NJ Supreme Court Rules Civil Service Commission Was Too Lenient on Prison Guard

In In the Matter of Brian Ambroise (A-10-23/088042) (Decided July 24, 2024), the Supreme Court of New Jersey ruled that the Civil Service Commission’s decision to impose a six-month suspension upon a correctional officer, who failed to report kissing an inmate and passed messages on her behalf ,was disproportionate to

NJ Supreme Court Decision Clarifies Highlands Act Exception

NJ Supreme Court Decision Clarifies Highlands Act Exception

In In the Matter of Proposed Construction of Compressor Station (A-24-23/088744) (Decided August 6, 2024), the Supreme Court of New Jersey clarified a section of the Highlands Water Protection and Planning Act (Highlands Act) that exempts projects that qualify as “routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade