NJ Supreme Court Archives - Page 10 of 13

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NJ Supreme Court Rules Self-Insurance Is Not the Same as “Other Insurance”

On March 14, 2023March 14, 2023 By Donald Scarinci

In Statewide Insurance Fund v. Star Insurance Company (A-62-21/086440) (Decided February 16, 2023), the Supreme Court of New Jersey held that a public entity joint insurance fund (JIF) established under the Joint Insurance Fund Act affords liability protection to public entities through “self-insurance,” not insurance. Accordingly, the “other insurance” clause

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NJ Supreme Court Clarifies Motor Vehicle Commission Lacks Authority to Modify Drunk Driving Sentences

On February 21, 2023February 21, 2023 By Donald Scarinci

In State v. Deje M. Coviello (A-54-21/086673) (Decided January 19, 2023), the Supreme Court of New Jersey clarified which forum should decide whether a defendant should be relieved of the requirement to install an ignition interlock device (IID). The court held that the sentencing court, and not the Motor Vehicle

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NJ Supreme Court Outlines Standard for Obtaining Sexual Assault Victim’s Mental Health Records

On February 16, 2023February 16, 2023 By Donald Scarinci

In State v. Terrell M. Chambers (A-35-21/086317) (Decided January 23, 2023), the Supreme Court of New Jersey addressed when defendants should be able to access a rape victim’s mental health records. The court ultimately held that a heightened discovery standard should govern a defendant’s motion for pre-incident mental health records

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NJ Supreme Court Clarifies How Recent Amendments Impact Child Abuse Claims

On January 30, 2023January 30, 2023 By Donald Scarinci

In W.S. v. Derek Hildreth (A-46-21/086633) (Decided January 18, 2023), the Supreme Court of New Jersey held that child sexual abuse survivors who file a Child Sexual Abuse Act (CSAA) complaint against a public entity after December 1, 2019 — even if their cause of action accrued much earlier —

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NJ Supreme Court to Determine If Defendants With Cannabis Expungement Are Eligible for PTI

On January 24, 2023January 24, 2023 By Donald Scarinci

The Supreme Court of New Jersey is poised to consider one of several key criminal law issues that has arisen in the wake of the state’s efforts to expunge low-level marijuana convictions. The key issue before the court in the consolidated cases of State v. Richard Gomes and State v.

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NJ Supreme Court to Consider Constitutionality of Terroristic Threats Statute

On January 19, 2023 By Donald Scarinci

The New Jersey Supreme Court recently announced that it has granted certification in a case challenging the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing…terror.” The Appellate Division found the statute to be constitutionally

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NJ Supreme Court Clarifies Order of Waiver and Suppression Motions for Juvenile Defendants

On January 12, 2023January 9, 2023 By Donald Scarinci

In State in the Interest of E.S. (A-41/42-21/086554) (Decided November 22, 2022), the Supreme Court of New Jersey addressed whether the trial court abused its discretion by choosing to hear the State’s motion to waive family court jurisdiction and prosecute a juvenile defendant as an adult before hearing his motion

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NJ Supreme Court Clarifies Insurance Broker’s Duty to Inform LLC’s About Worker’s Comp

On January 9, 2023January 9, 2023 By Donald Scarinci

In Nancy L. Holm v. Daniel M. Purdy (A-39-21/086229) (Decided December 13, 2022), the Supreme Court of New Jersey held that N.J.S.A. 34:15-36 imposes a non-waivable duty on insurance brokers to inform new LLC members of the availability of workers’ compensation coverage and the right to elect such coverage. The

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