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

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

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

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

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