G.C. v. Div. of Med. Assistance and Health Servs.
The New Jersey Supreme Court ruled that N.J.A.C. 10:72-4.4(d)(1), which implements New Jersey’s 1987 expansion of its Medicaid program, is inconsistent with the language and intent of the enabling state and federal legislative amendments that authorized the expansion, N.J.S.A. 30:4D-3(i)(11) and 42 U.S.C. § 1396a.
The New Jersey Supreme Court ruled that N.J.A.C. 10:72-4.4(d)(1), which implements New Jersey’s 1987 expansion of its Medicaid program, is inconsistent with the language and intent of the enabling state and federal legislative amendments that authorized the expansion, N.J.S.A. 30:4D-3(i)(11) and 42 U.S.C. § 1396a.
In a remarkable order, the New Jersey Supreme Court granted reconsideration of its prior per curium order. The defendant was convicted of killing her child. After the trial, she moved for an acquittal under Rule 3:18-2. The trial court denied that post-verdict motion. On appeal, the defendant argued that the trial court erred in its… Continue reading State v. Lodzinski
The New Jersey Supreme Court tackled an issue involving alcohol and consent. Plaintiff and Defendant engaged in sexual activity after a night of drinking. Plaintiff alleged she was too intoxicated to give consent, but Defendant claimed that the entire encounter was consensual. Plaintiff filed for a temporary restraining order under the Sexual Assault Survivor Protection… Continue reading C.R. v. M.T.
As is often the case in family law matters, a heartbreaking set of facts led to a sea-change in the law. The New Jersey Supreme Court overruled the use of conditional res ipsa loquitur in abuse-and-neglect hearings. Here, a child’s parents brought him to the hospital with meningitis. Doctors discovered substantial injuries unrelated to meningitis… Continue reading Div. of Child Prot. and Permanency v. J.R.-R.
Two homicide trials for two defendants before the same judge ended with the jury finding each defendant guilty of some charges. One defendant was found guilty of firearms charges but acquitted of first-degree murder. A jury found the other defendant of kidnapping and felony murder but acquitted her of first-degree murder. At sentencing, relying on… Continue reading State v. Melvin
Litigators, be careful about sending friend requests on Facebook. The Office of Attorney Ethics (OAE) brought disciplinary charges against Robertelli, asserting that he violated Rules of Professional Conduct (“RPC”) 4.2 when, in 2008, his paralegal sent a Facebook message to, and was granted “friend” status by someone, who had filed an action against Robertelli’s client.… Continue reading In re Robertelli
The New Jersey Supreme Court held that dog owners do not have an objectively reasonable expectation of privacy such that the owner’s personal information in the dog licensing record is exempt from disclosure under the Open Public Records Act. Here, the owner of an invisible-fence company sought the address of all people who recently registered… Continue reading Bozzi v. City of Jersey City
The New Jersey Supreme Court reviewed a serial collateral attack on the defendant’s homicide convictions. He claimed his trial counsel was ineffective for failing to utilize certain exculpatory evidence to further a third-party-guilt defense. The case was a murder robbery where two “buyers” arranged a sale of heroin from two sellers, but the buyers intended… Continue reading State v. Hannah
The New Jersey Supreme Court addressed the constitutionality of the hybrid jury selection process implemented during the COVID-19 pandemic. The hybrid process involved sending a jury summonses with a COVID-19 questionnaire. The court administration was responsible for resolving any issues with access to technology for prospective jurors. More than 170 jurors were questioned virtually, and… Continue reading State v. Dangcil
This appeal concerned the standards to be applied by a trial court when reviewing a jury award of punitive damages against a public-sector defendant. Plaintiff worked for one of New Jersey’s juvenile correctional facilities when she was diagnosed with multiple sclerosis. Her second request for unpaid leave was denied, and her supervisor refused to explain… Continue reading Pritchett v. State