In In re Alleged Failure of Altice U.S., Inc., the Supreme Court of New Jersey held that Section 543(a)(1) of the Cable Act does not preempt the proration requirement in N.J.A.C. 14:18-3.8. According to the state’s highest court, the regulation does not regulate “rates for the provision of cable service,” but rather
In State v. Andre Higgs (A-28-21/085863) (Decided March 30, 2023), the Supreme Court of New Jersey ruled that the trial court made three errors that warranted a new trial for Defendant Andre Higgs, who had been convicted of murder. One of the errors involved being denied access to an on-scene
In State v. Joseph S. Macchia (A-49-21/086334) (Decided March 16, 2023), the Supreme Court of New Jersey held that juries are not required to unanimously agree on why they reject a claim of self-defense or explain their reasoning. The court’s decision was unanimous. Facts of State v. Macchia Defendant Joseph
In State v. Kyle A. Smart (A-6-22/087315) (Decided March 8, 2023), the Supreme Court of New Jersey held that the automobile exception to the warrant requirement, as set forth in State v. Witt, 223 N.J. 409 (2015), did not permit the warrantless search of defendant Kyle Smart’s vehicle after an
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
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
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
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 —
