In State v. Rami A. Amer (A-9-22/086950) (Decided July 3, 2023), the Supreme Court of New Jersey clarified defendants’ speedy trial rights under the Interstate Agreement on Detainers (IAD), an interstate compact addressing the transfer of a prisoner from the jurisdiction in which he is incarcerated to another jurisdiction in
In State v. Cornelius C. Cohen (A-50-21/084493) (Decided June 22, 2023), the Supreme Court of New Jersey held that the odor of marijuana in a vehicle did not authorizes a search of the engine compartment and trunk under the automobile exception to the warrant requirement. Facts of State v. Cohen
In Facebook v. State, (A-61-21; A-7-22/087054) (June 29, 2023), the Supreme Court of New Jersey held that Facebook can’t be compelled to provide the prospective communications of two users based only on probable cause. Citing the heightened privacy protections involved, the court unanimously held that the state’s wiretap act applies.
In Gannett Satellite Information Network, LLC v. Township of Neptune, (A-63-21/085719) (Decided June 30, 2023), the Supreme Court of New Jersey held that Gannett Satellite Information Network, LLC(Gannett) was not owed attorney’s fees in its records dispute with the Township of Neptune. The court unanimously declined to adopt an exception
In Kathleen DiFiore v. Tomo Pezic (A-58/59/60-21/087091) (Decided June 15, 2023), the Supreme Court of New Jersey clarified the procedures regarding who may attend a defense medical examination (DME) — as well as whether and how such examinations may be recorded — when a plaintiff has alleged cognitive limitations, psychological
In Parsells v. Board of Education of the Borough of Somerville (A-21-22/087261) (Decided June 12, 2023), the Supreme Court of New Jersey held that a Somerville teacher did not knowingly waive her tenured right to a full-time teaching position. The court further found that the Appellate Division erred by imposing
In Pantano v. New York Shipping Association (A-19-22/087217) (Decided June 7, 2023), the Supreme Court of New Jersey held that an employer’s vicarious liability under the borrowed-employee doctrine, as guided by the test set forth in Galvao v. G.R. Robert Construction Co., 179 N.J. 462, 471-73 (2004), is presumptively for
The Supreme Court of New Jersey recently granted certiorari in Passaic County v. Horizon Healthcare Services. The closely watched case involves whether the requirement that an enforceable arbitration provision must contain an express waiver of the right to seek relief in a court of law applies in suits involving sophisticated
