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
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
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
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
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
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 —
In Patrick Boyle v. Carol Huff (A-42-22) (087900) (Decided May 30, 2024), the Supreme Court of New Jersey held that indemnification can exist in first-party claims; however, contracts must be drafted to expressly provide for such indemnification. “[I]ndemnification may also apply to first-party claims if that is the clear intent
In Goyco v. Progressive Insurance Company (A-12-23/088497) (Decided May 14, 2024), the Supreme Court of New Jersey held that an operator of a low-speed electric scooter (LSES) is not a “pedestrian” entitled to personal injury protection (PIP) benefits under the New Jersey Automobile Reparation Reform Act, also known as the
