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

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

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

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

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

The Supreme Court of New Jersey recently took the first step in regulating how attorneys use artificial intelligence (AI). The key message from the state’s highest court is that while AI technology may revolutionize the legal industry, the old rules governing attorney ethics still apply. In September, the New Jersey Supreme Court convened the Committee The post New Jersey Supreme Court Issues Guidance on Use of AI in Courts appeared first on Government & Law Blog ..read more

In Sanjuan v. School District of West New York (A-45-22/087515) (Decided February 12, 2024), the Supreme Court of New Jersey clarified an arbitrator’s authority under the Tenure Employees Hearing Law. According to the court, the statute provides the basis to refer a case to arbitration but does not limit an arbitrator’s authority to impose penalties. The post NJ Supreme Court Clarifies Arbitrator’s Authority Under Tenure Employees Hearing Law appeared first on Government & Law Blog ..read more

In State v. Curtis L. Gartrell (A-31-22/087597) (Decided January 17, 2024), the Supreme Court of New Jersey held that a defendant who left a suitcase behind when fleeing police did not have standing to challenge law enforcement’s warrantless search of the bag. Facts of State v. Gartell During the evening of November 6, 2019, an The post NJ Supreme Court Holds Fleeing Defendant Lacked Standing to Challenge Warrantless Search of Abandoned Suitcase appeared first on Government & Law Blog ..read more

In State v. Calvin Fair (A-20-22/086617) (Decided January 16, 2024), the Supreme Court of New Jersey incorporated the U.S. Supreme Court’s recent decision in Counterman v. Colorado, 600 U.S. 66, 79 (2023) to hold that a mental state of recklessness is constitutionally sufficient for a “true threats” prosecution under N.J.S.A. 2C:12-3(a). The Court further held The post NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats appeared first on Government & Law Blog ..read more

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