Tag: NJ Supreme Court

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

In Players Place II Condominium Association, Inc. v. K.P. (A-60/61-22/088139) (Decided March 15, 2024), the Supreme Court of New Jersey established a test to govern housing requests for emotional support animals, finding that they should be treated differently than pets. Under the Court’s new framework, individuals who seek an accommodation

State v. Shlawrence Ross

New Jersey Supreme Court Decides State v. Shlawrence Ross

In State v. Shlawrence Ross (A-34-22/087823) (Decided March 5, 2024), the Supreme Court of New Jersey held that prosecutors could obtain a bullet extracted from the defendant’s body via surgical procedure pursuant to a search warrant. According to the Court, the proper analysis for determining whether the State can obtain

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

The Supreme Court of New Jersey recently took the first step in regulating how attorneys use artificial intelligence (AI). The key message from the state’s highest court is that while AI technology may revolutionize the legal industry, the old rules governing attorney ethics still apply. In September, the New Jersey

NJ Supreme Court Clarifies Arbitrator’s Authority Under Tenure Employees Hearing Law

NJ Supreme Court Clarifies Arbitrator’s Authority Under Tenure Employees Hearing Law

In Sanjuan v. School District of West New York (A-45-22/087515) (Decided February 12, 2024), the Supreme Court of New Jersey clarified an arbitrator’s authority under the Tenure Employees Hearing Law. According to the court, the statute provides the basis to refer a case to arbitration but does not limit an

NJ Supreme Court Holds Fleeing Defendant Lacked Standing to Challenge Warrantless Search of Abandoned Suitcase

NJ Supreme Court Holds Fleeing Defendant Lacked Standing to Challenge Warrantless Search of Abandoned Suitcase

In State v. Curtis L. Gartrell (A-31-22/087597) (Decided January 17, 2024), the Supreme Court of New Jersey held that a defendant who left a suitcase behind when fleeing police did not have standing to challenge law enforcement’s warrantless search of the bag. Facts of State v. Gartell During the evening

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

In AC Ocean Walk v. American Guarantee and Liability Insurance, (A-28-22/087304) (Decided January 24, 2024), the Supreme Court of New Jersey held that the presence of the COVID-19 virus did not constitute the kind of “direct physical loss or damage” required to support a business-interruption insurance claim. Facts of AC

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

In State v. Calvin Fair (A-20-22/086617) (Decided January 16, 2024), the Supreme Court of New Jersey incorporated the U.S. Supreme Court’s recent decision in Counterman v. Colorado, 600 U.S. 66, 79 (2023) to hold that a mental state of recklessness is constitutionally sufficient for a “true threats” prosecution under N.J.S.A.

NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations

NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations

In DeSimone v. Springpoint Senior Living, Inc. (A-37-22/087891) (Decided January 10, 2024), the Supreme Court of New Jersey held that the refund provision set forth in N.J.S.A. 56:8-2.11 does not provide relief for all Consumer Fraud Act (CFA) violations. Rather, it is limited solely to the food-related misrepresentations expressly proscribed