Tag: 2024

NJ Supreme Court Rules Mother Who Left Newborn at Hospital Not Liable for Abuse

NJ Supreme Court Rules Mother Who Left Newborn at Hospital Not Liable for Abuse

In New Jersey Division of Child Protection and Permanency v. B.P. (A-56-22/087676) (Decided May 21, 2024), the Supreme Court of New Jersey held that a New Jersey woman did not abuse or neglect her newborn by leaving her at the hospital two days after giving birth and not returning to

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD

In Savage v. Township of Neptune, (A-2-23/087229) (Decided May 7, 2024), the Supreme Court of New Jersey held that N.J.S.A. 10:5-12.8(a), a section of the New Jersey Law Against Discrimination (NJLAD) that was enacted in the wake of the “#MeToo movement,” prohibits any “provision in any employment contract or settlement

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations

In Usachenok v. State of New Jersey Department of the Treasury, (A-40-22/086861) (Decided May 6, 2024), the Supreme Court of New Jersey struck down a regulation requiring State investigators to “request” that anyone interviewed “not discuss any aspect of the investigation with others” when investigating harassment and discrimination investigations in

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case

In Comprehensive Neurosurgical, P.C. v. The Valley Hospital (A-52-22/087469) (Decided April 22, 2024), the Supreme Court of New Jersey vacated a $24,300,000 jury verdict in favor of a group of eleven neurosurgeons who alleged that Valley Hospital did not deal with them fairly or act in good faith when it

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA

In C.R. v. M.T. (A-47-22/087887) (Decided April 22, 2024), the Supreme Court of New Jersey clarified the showing required to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA). According to the Court, the plain language of N.J.S.A. 2C:14-16(a)(2)r creates a standard that is

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video

The Supreme Court of New Jersey recently granted certification in Fuster v. Township of Chatham. The question before the justices is whether a body worn camera (BWC) video-recorded statement can be obtained under the State’s Open Public Records Acy (OPRA) or the common law right of access. Facts of the

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA

In Robey v. SPARC Group LLC (A-50-22/087981) (Decided March 25, 2024), the Supreme Court of New Jersey held that a class of shoppers at the retail clothing store Aéropostale failed to sufficiently plead a claim under the Consumer Fraud Act (CFA). According to the divided Court, the shoppers didn’t demonstrate

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

In State v. Kalil Cooper (A-35-22/087742) (Decided March 27, 2024), the Supreme Court of New Jersey held that the statute criminalizing the promotion of organized street crime (N.J.S.A. 2C:33-30) does not contain within it, as a predicate offense, the crime of conspiracy to distribute a controlled dangerous substance (CDS). Accordingly,