Tag: Supreme Court of New Jersey

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

Divided NJ Supreme Court Addresses Damages in Neighbor Disputes

Divided NJ Supreme Court Addresses Damages in Neighbor Disputes

In Kornbleuth v. Westover, (A-71-18/081898) (Decided March 11, 2020), the Supreme Court of New Jersey held property owners who filed a lawsuit against their neighbors over the destruction of bamboo “fence” were required to show their property value was diminished as a result. Facts of Kornbleuth v. Westover Plaintiffs Joseph

Tenure Rights

New Jersey Supreme Court Clarifies Tenure Rights

In Miller v. State-Operated School District of the City of Newark, the Supreme Court of New Jersey clarified tenure rights under N.J.S.A. 18A:17-2. The decision, which triggered a sharp dissent from Justice Jaynee LaVecchia, overturned long-standing administrative law precedent. Facts of Miller v. State-Operated School District of the City of

Scientific Evidence

New Jersey Supreme Court Clarifies Admissibility of Scientific Evidence

In In re Accutane Litigation, No. 079958, 2018 WL 3636867 (Decided Aug. 1, 2018), the Supreme Court of New Jersey provided much-needed clarity regarding the admissibility of scientific evidence under the New Jersey Rules of Evidence. Although the state’s highest court stopped short of declaring New Jersey a “Daubert jurisdiction,”

New Jersey Supreme Court to Address “Time of Application Rule”

The Supreme Court of New Jersey recently agreed to consider Dunbar Homes, Inc. v. The Zoning Board of Adjustment of the Township of Franklin. The case involves when a submission to the planning board should be considered an “application for development” that triggers the “time of application rule.” Time of