NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2w ago
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 in Section One of Chapter The post NJ Supreme Court Rules Refund Provision Does Not Extend to All CFA Violations appeared first on Government & Law Blog ..read more
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NJ Supreme Court Hears Oral Arguments in Free Speech Case
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2w ago
The Supreme Court of New Jersey recently heard oral arguments in Usachenok v. State of New Jersey Department of the Treasury. The case challenges a regulation that requests that state employees involved in discrimination investigations maintain its confidentiality. While the regulation was amended in 2020 to address free speech concerns, the plaintiff maintains that the The post NJ Supreme Court Hears Oral Arguments in Free Speech Case appeared first on Government & Law Blog ..read more
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NJ Supreme Court Rejects Expert’s “Rule of Thumb” Assessment 
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2w ago
In State v. Roberson Burney (A-14-22/086966) (Decided August 2, 2023), the Supreme Court of New Jersey held it was cumulative error for the trial court to admit two pieces of evidence: expert testimony that defendant’s cell phone was likely near a crime scene based on a “rule of thumb” approximation for cell tower ranges in The post NJ Supreme Court Rejects Expert’s “Rule of Thumb” Assessment  appeared first on Government & Law Blog ..read more
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NJ Supreme Court to Decide Whether Municipal Email List Is Subject to OPRA
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2w ago
The New Jersey Supreme Court recently heard oral arguments in a closely watched case involving the State’s Open Public Records Act (OPRA). The key question before the Court is whether email addresses submitted by members of the public to a public agency to sign up for electronic newsletters and notices are subject to disclosure under The post NJ Supreme Court to Decide Whether Municipal Email List Is Subject to OPRA appeared first on Government & Law Blog ..read more
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NJ Supreme Court Clarifies Custodial Interrogation
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2w ago
In State v. Amandeep K. Tiwana (A-36-22/087919) (Decided November 20, 2023), the Supreme Court of New Jersey held that an investigating detective’s self-introduction to the defendant at her bedside in the hospital following a car crash did not constitute a custodial interrogation warranting the administration of warnings under Miranda v. Arizona. Facts of State v. The post NJ Supreme Court Clarifies Custodial Interrogation appeared first on Government & Law Blog ..read more
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The NJ Supreme Court’s Most Significant Decisions of 2023
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
1M ago
Unlike SCOTUS, the justices of the New Jersey Supreme Court often all agreed with one another this year, reaching August before issuing a single dissent. The Court’s most precedential decision was Facebook, Inc. v. State, in which the justices unanimously held that Facebook could not be compelled to provide the prospective communications of two users The post The NJ Supreme Court’s Most Significant Decisions of 2023 appeared first on Government & Law Blog ..read more
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NJ Supreme Court Clarifies Workers’ Compensation Act’s “Authorized Vehicle Rule”
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
In Henry Keim v. Above All Termite & Pest Control (A-30-22/087603) (Decided November 21, 2023), the Supreme Court of New Jersey held that an employee’s car accident occurred “in the course of employment” and was therefore compensable under the Workers’ Compensation Act (the Act). In reaching its decision, the Court clarified that an employee is The post NJ Supreme Court Clarifies Workers’ Compensation Act’s “Authorized Vehicle Rule” appeared first on Government & Law Blog ..read more
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NJ Supreme Court Establishes New Standards for Drug Recognition Experts
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
In State v. Olenowski (A-56-18) (082253) (Decided November 15, 2023), the Supreme Court of New Jersey held that Drug Recognition Expert (DRE) testimony is reliable and admissible under the criteria set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), albeit with certain limitations. The decision is significant given the key role The post NJ Supreme Court Establishes New Standards for Drug Recognition Experts appeared first on Government & Law Blog ..read more
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NJ Supreme Court to Determine Whether Electric Scooter Is a Pedestrian
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
Technological innovations continue to raise novel questions before the state’s highest court. The New Jersey Supreme recently granted certification in Goyco vs. Progressive Insurance Co., which asks whether a person riding an electric scooter qualifies as a “pedestrian” for the purposes of a personal injury lawsuit. Facts of the Case The dispute arise froman accident The post NJ Supreme Court to Determine Whether Electric Scooter Is a Pedestrian appeared first on Government & Law Blog ..read more
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New Jersey Supreme Court to Study on Impact of AI on Legal System
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
The Supreme Court of New Jersey is taking a closer look at the implications of artificial intelligence, particularly with respect to court operations and the practice of law. In September, the court convened a Committee on Artificial Intelligence and the Courts comprised of judicial and government leaders, judges, attorneys, educators, and cybersecurity and technology experts. The post New Jersey Supreme Court to Study on Impact of AI on Legal System appeared first on Government & Law Blog ..read more
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