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In S.L.W. v. New Jersey Division of Pensions and Benefits, the Supreme Court of New Jersey held that children of Police and Firemen’s Retirement System (PFRS) members are not required to meet a dependency requirement to be entitled to survivor benefits. According to the court, its conclusion is consistent with the PFRS’s underlying policy goal

The post NJ Supreme Court Clarifies Requirements for PFRS Survivor Benefits appeared first on Government & Law Blog.

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In G.A.-H. v. K.G.G., (A-25/26-18/081545) (Decided June 26, 2019), the Supreme Court of New Jersey held that the employer and co-worker of a man who sexually abused a minor can’t be held liable for failing to report the abuse to law enforcement. According to the court, no reasonable trier of fact could find that the defendant

The post NJ Supreme Court Confirms Co-Worker Not Liable for Failing to Report Colleague’s Underage Sexual Relationship appeared first on Government & Law Blog.

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The New Jersey Legislature is advancing a bill that clarifies the standard for liability in sexual abuse lawsuits against public entities and public employees. Senate Bill 3739 aims to address the confusion created by recently enacted Senate Bill 477, which extended the statute of limitations for civil sexual abuse claims. The new standards are identical to the liability standards

The post Legislation Clarifies Standard for Sex Abuse Suits Against Public Entities appeared first on Government & Law Blog.

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In Estee Vineyards, Inc. v. Cranbury Twp. Planning Bd., the Appellate Division upheld a planning board’s approval of a billboard along the New Jersey Turnpike. According to the appeals court, because the billboard was a permitted use under the zoning ordinance, the Cranbury Township Planning Board (Board) couldn’t deny the billboard outright and properly approved the

The post Appellate Division Upholds Township’s Billboard Approval appeared first on Government & Law Blog.

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In Goffe v. Foulke Management Corp., (A-3/4-18/081258) (Decided June 5, 2019),the Supreme Court of New Jersey held that fraud claims regarding car dealership agreements must be resolved in arbitration. As emphasized by the court, U.S. Supreme Court precedent does not permit threshold issues about overall contract validity to be resolved by the courts when the arbitration

The post New Jersey Supreme Court Rules Fraud Claims Must be Resolved Via Arbitration appeared first on Government & Law Blog.

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In Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A., (A-49-17/080669) (Decided June 4, 2019), the Supreme Court of New Jersey held that Stranger-Originated Life Insurance (STOLI) policies violate public policy and are void at the outset. The court further held that a party may be entitled to a refund of premium payments

The post NJ Supreme Court Rules STOLI Policies Violate Public Policy appeared first on Government & Law Blog.

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The New Jersey Senate is currently considering legislation that would impose new obligations on municipalities that grant long-term tax exemptions. Under the proposed bill, municipalities would be required to share funds collected under payment-in-lieu-of-taxes (PILOT) agreements with school districts. As we have previously discussed on the Scarinci Hollenbeck Government & Law Blog, many New Jersey municipalities use

The post New Jersey Senate Committee Advances PILOT Legislation appeared first on Government & Law Blog.

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In Pruent-Stevens v. Township of Toms River, the Appellate Division of the New Jersey Superior Court addressed the eligibility for the veteran’s property tax exemption under N.J.S.A. 54:4-3.30. The appeals court reversed the New Jersey Tax Court in holding that once a widow/widower remarries they permanentlylose their eligibility for the disabled veterans property tax exemption.  Facts of the

The post Appellate Division Clarifies Veteran Property Tax Exemption appeared first on Government & Law Blog.

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In State v. Noel Ferguson, the Supreme Court of New Jersey held thatNew Jersey lacked territorial jurisdiction to prosecute three defendants for a drug-induced death that occurred in New York. While New Jersey criminalizes illicitly distributing drugs that cause death to the user as a strict-liability offense, New York does not. Facts of the Case

The post New Jersey Supreme Court Rules State Lacked Jurisdiction to Prosecute New York Overdose appeared first on Government & Law Blog.

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In State v. Rene M. Rodriguez, the Supreme Court of New Jersey held that repeat offenders charged with operating a motor vehicle after their licenses have been suspended for driving while intoxicated (DWI) can’t serve their sentences intermittently on nights or weekends pursuant to N.J.S.A. 2C:43-2(b)(7), which allows a court to impose a sentence that

The post New Jersey Supreme Court Opposes “Intermittent Sentencing” appeared first on Government & Law Blog.

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