NJ Supreme Court Rules E-Scooter Rider Is Not a Pedestrian
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3w ago
In Goyco v. Progressive Insurance Company (A-12-23/088497) (Decided May 14, 2024), the Supreme Court of New Jersey held that an operator of a low-speed electric scooter (LSES) is not a “pedestrian” entitled to personal injury protection (PIP) benefits under the New Jersey Automobile Reparation Reform Act, also known as the “No-Fault Act.” Facts of Goyco The post NJ Supreme Court Rules E-Scooter Rider Is Not a Pedestrian appeared first on Government & Law Blog ..read more
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NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3w ago
In Savage v. Township of Neptune, (A-2-23/087229) (Decided May 7, 2024), the Supreme Court of New Jersey held that N.J.S.A. 10:5-12.8(a), a section of the New Jersey Law Against Discrimination (NJLAD) that was enacted in the wake of the “#MeToo movement,” prohibits any “provision in any employment contract or settlement agreement which has the purpose The post NJ Supreme Court Rules Non-Disparagement Provision Barred Under NJLAD appeared first on Government & Law Blog ..read more
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NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3w ago
In Usachenok v. State of New Jersey Department of the Treasury, (A-40-22/086861) (Decided May 6, 2024), the Supreme Court of New Jersey struck down a regulation requiring State investigators to “request” that anyone interviewed “not discuss any aspect of the investigation with others” when investigating harassment and discrimination investigations in State workplaces. According to the The post NJ Supreme Court Strikes Down Confidentiality Rule Governing State Workplace Investigations appeared first on Government & Law Blog ..read more
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NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
1M ago
In Comprehensive Neurosurgical, P.C. v. The Valley Hospital (A-52-22/087469) (Decided April 22, 2024), the Supreme Court of New Jersey vacated a $24,300,000 jury verdict in favor of a group of eleven neurosurgeons who alleged that Valley Hospital did not deal with them fairly or act in good faith when it granted another group of neurosurgeons The post NJ Supreme Court Vacates Jury Verdict in Implied covenant of good faith and fair dealing Case appeared first on Government & Law Blog ..read more
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NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
In C.R. v. M.T. (A-47-22/087887) (Decided April 22, 2024), the Supreme Court of New Jersey clarified the showing required to obtain a final protective order under the Sexual Assault Survivor Protection Act of 2015 (SASPA). According to the Court, the plain language of N.J.S.A. 2C:14-16(a)(2)r creates a standard that is “permissive and easily satisfied,” which The post NJ Supreme Court Clarifies Standard for Obtaining Final Protective Order Under SASPA appeared first on Government & Law Blog ..read more
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NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
2M ago
The Supreme Court of New Jersey recently granted certification in Fuster v. Township of Chatham. The question before the justices is whether a body worn camera (BWC) video-recorded statement can be obtained under the State’s Open Public Records Acy (OPRA) or the common law right of access. Facts of the Case Plaintiffs Antonio Fuster and The post NJ Supreme Court Agrees to Hear OPRA Case Involving Police Body-Worn Camera Video appeared first on Government & Law Blog ..read more
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NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3M ago
In Robey v. SPARC Group LLC (A-50-22/087981) (Decided March 25, 2024), the Supreme Court of New Jersey held that a class of shoppers at the retail clothing store Aéropostale failed to sufficiently plead a claim under the Consumer Fraud Act (CFA). According to the divided Court, the shoppers didn’t demonstrate that they sustained an ascertainable The post NJ Supreme Court Clarifies on Ascertainable Loss Under the CFA appeared first on Government & Law Blog ..read more
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NJ Supreme Court Reverses Conviction for Promoting Organized Crime
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3M ago
In State v. Kalil Cooper (A-35-22/087742) (Decided March 27, 2024), the Supreme Court of New Jersey held that the statute criminalizing the promotion of organized street crime (N.J.S.A. 2C:33-30) does not contain within it, as a predicate offense, the crime of conspiracy to distribute a controlled dangerous substance (CDS). Accordingly, the Defendant’s conviction for a The post NJ Supreme Court Reverses Conviction for Promoting Organized Crime appeared first on Government & Law Blog ..read more
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NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3M ago
In State v. Isaiah J. Knight (A-39-22/087822) (Decided March 5, 2024), the Supreme Court of New Jersey held that a sought-after affidavit was physical evidence of the crimes of witness tampering and kidnapping for which the Defendant and others has been charged. Accordingly, it was subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D). Facts of State v. Knight The post NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case appeared first on Government & Law Blog ..read more
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NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals
Scarinci Lawyer Government & Law Blog
by Donald Scarinci
3M ago
In Players Place II Condominium Association, Inc. v. K.P. (A-60/61-22/088139) (Decided March 15, 2024), the Supreme Court of New Jersey established a test to govern housing requests for emotional support animals, finding that they should be treated differently than pets. Under the Court’s new framework, individuals who seek an accommodation must show that they have The post NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals appeared first on Government & Law Blog ..read more
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