Tag: 2024

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

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

NJ Supreme Court Sides With Municipality in Long-Standing Verizon Tax Suit

In Verizon New Jersey, Inc. v. Borough of Hopewell (A-22-23/088421) (Decided July 25, 2024), the Supreme Court of New Jersey upheld an Appellate Division decision holding “that ‘local telephone exchange’ as used in N.J.S.A. 54:4-1 means a local telephone network within a defined geographical area as depicted on Verizon’s tariff

NJ Supreme Court Clarifies Affidavit of Merit Requirements

NJ Supreme Court Clarifies Affidavit of Merit Requirements

In Moschella v. Hackensack Meridian Jersey Shore University Medical Center (A-7-23/088312) (Decided July 11, 2024), the Supreme Court of New Jersey held that an affidavit of merit does not need to specify that the affiant reviewed medical records attesting to the merits of a claim. Facts of Moschella v. Hackensack

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

NJ Supreme Court Rebuffs Bright-Line Rule Against Consumer Class Action Waivers

In William Pace v. Hamilton Cove (A-4-23/088302) (Decided July 10, 2024), the Supreme Court of New Jersey held that contract provisions waiving class actions are lawful, even if they aren’t accompanied by arbitration provisions; however, such waivers may be unenforceable if found to be unconscionable or to violate other tenets

NJ Supreme Court Cites Equity in Overruling TPAF Board

NJ Supreme Court Cites Equity in Overruling TPAF Board

In Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (A-9-23/087786) (May 22, 2024), the Supreme Court of New Jersey held that the Board of Trustees of the Teachers’ Pension and Annuity Fund (TPAF Board) acted arbitrarily, capriciously, and unreasonably when it denied petitioner Susan Seago’s application for

NJ Supreme Court Rules Owners of Vacant Commercial Lots Have Duty to Maintain Sidewalks

NJ Supreme Court Rules Owners of Vacant Commercial Lots Have Duty to Maintain Sidewalks

In Padilla v. Young Il An (A-43-22/087862) (Decided June 13, 2024), the Supreme Court of New Jersey held that owners of vacant commercial lots have a common law duty to maintain the public sidewalks abutting those lots in reasonably good condition. Facts of Padilla v. Young Il An In September

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

NJ Supreme Court Rules Court Can’t Dismiss Title 30 Action But Continue Parental Restraints

In New Jersey Division of Child Protection and Permanency v. J.C. (A-8-23/088071) (Decided May 29, 2024), the Supreme Court of New Jersey held that the family court does not have the authority under N.J.S.A. 30:4C-12 to dismiss a Title 30 action — and with it, a parent’s appointed counsel —