In State v. J.L.G., the NJ Supreme Court rejected the use of Child Sexual Abuse Accommodation Syndrome evidence — with the exception of certain testimony concerning delayed disclosures — because the evidence lacked “a sufficiently reliable basis in science to be the subject of expert testimony.” In these consolidated appeals, the Court considered whether that … Read more
In State v. Cruz-Pena, the Supreme Court held that a jury could make the highly fact-sensitive determination that the defendant committed kidnapping because the victim was held against her will for a “substantial period” where he held her captive for four to five hours while he sexually assaulted her, though he never moved her. In … Read more
In Sun Chemical Corp. v. Fike Corp. & Suppression Systems Inc., the Supreme Court responded to a certified quzoomestion from the 3rd Circuit, and in so doing dealt a blow to tort-reform advocates. The Supreme Court held that the state’s Products Liabilities Act — which allows for only basic tort damages — does not preempt … Read more
After a tragic instance where an off-duty officer murder his wife with his service weapon, the victim’s children filed a Section 1983 suit against members of the county prosecutors office for failing to take the weapon away from the killer when they knew he was dangerous. In Gramiccioni v. Dept. of Law and Public Safety, … Read more
In a certified question from the 3rd Circuit, the Supreme Court held that the entire controversy does not preclude a party who is successful in filing a motion to dismiss for failure to state a claim from later bringing a suit arising out of the same transactional facts.
The New Jersey Supreme Court determined in Crispino v. Twp. of Sparta that the methodology for valuing a special assessment under the Dam, Lake and Stream Project Fund for an improvement on a private lake community’s dam is the same methodology found in Title 40. Under that test, the Court invalidated the special assessment at issue, … Read more
Bill Clinton made us all ask what the definition of “is” is. Now the Supreme Court in debated the meaning of “any” ruled that the Commonwealth may not establish a prima facie case at a preliminary hearing with hearsay alone, overruling Commonwealth v. Ricker.
The Supreme Court ruled the State cannot prosecute contempt charges for a defendant’s violation of a condition of pretrial release.
In Christian Mission John 3:16 v. Passaic City, the New Jersey Supreme Court held that “actual use” of a property to store items or a religious nature or related to the operation of a church” can be sufficient to qualify for tax exemption under N.J.S.A. 54:4-3.6.
The New Jersey Supreme Court held that when the Federal Arbitration Act’s exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.