Tag: Appellate Division

Appellate Division Rules NJ Universities Immune from COVID Suit Over Remote Instruction

Appellate Division Rules NJ Universities Immune from COVID Suit Over Remote Instruction

Two New Jersey universities do not need to reimburse students for transitioning from in-person classes to total online instruction in response to the COVID-19 pandemic, according to a recent decision by the Appellate Division of the New Jersey Superior Court. In Mueller v. Kean University, the appeals court held that

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

The Supreme Court of New Jersey recently granted certification in State v. Keogh. The case involves the distinction between investigative questioning and custodial interrogation for the purposes of determining whether a Miranda warning is required. Facts of the Case At approximately 7:36 p.m., the Bound Brook Police Department was dispatched

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

Appellate Division Rules Administrative Assistant Entitled to Tenure Hearing

The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years, without a tenure hearing… The Appellate Division recently reversed a decision issued by the Commissioner of Education regarding the termination of an administrative employee of eight years,

Key Takeaways from Appellate Division’s Latest OPRA Decision

Key Takeaways from Appellate Division’s Latest OPRA Decision

The Appellate Division recently held that  police internal affairs files were not subject to disclosure under the state’s Open Public Records Act (OPRA)… In Gannett Satellite Information Network, LLC v. Township of Neptune, the Appellate Division held that police internal affairs files were not subject to disclosure under the state’s

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

In State v. Mark Jackson; State v. Jamie Monroe (A-18/19-19/083286) (Decided April 1, 2020), the Supreme Court of New Jersey affirmed an Appellate Division decision holding that prosecutors may subpoena inmates’ recorded telephone conversations. Facts of State v. Jackson; State v. Monroe Defendant Mark Jackson was arrested after his mother