NJ-COURTS

Supreme Court of New Jersey Opinion on Vicarious Liability for Teacher Sexual Abuse

The Supreme Court of New Jersey issued an opinion in Russell Forde Hornor v. Upper Freehold Regional Board of Education, addressing vicarious liability for school districts concerning teacher sexual abuse. The Court considered whether N.J.S.A. 59:2-1.3(a)(1) allows for imposing liability on a school district for a teacher's sexual abuse of a student outside the scope of employment.

Horace Cowan v. New Jersey Parole Board - Court Opinion

The Supreme Court of New Jersey ruled that the State Parole Board acted arbitrarily and capriciously in setting a 200-month future eligibility term (FET) for inmate Horace Cowan, significantly exceeding the presumptive 27-month term. The Court established a new standard for imposing extended FETs.

Rutgers University v. AFSCME Local 888 - Title IX Preemption

The Supreme Court of New Jersey ruled that the grievance procedure in a collective negotiation agreement between Rutgers University and AFSCME Local 888 is preempted by federal Title IX Regulations. The Court found that the agreement's arbitration process excluded the alleged victim, violating the requirement that grievance procedures apply equally to both parties.

C.A.L. v. State of New Jersey - Civil Rights and Tort Claims

The Supreme Court of New Jersey considered whether the Heck v. Humphrey favorable-termination rule applies to claims under the New Jersey Civil Rights Act and Tort Claims Act. The Court reviewed a case where a plaintiff's parole was revoked and later reinstated, impacting the timeliness of her subsequent civil claims.

State v. Walter J. Gilliano - New Jersey Supreme Court Opinion

The New Jersey Supreme Court issued an opinion in State v. Walter J. Gilliano, addressing the impact of an executive order on jury selection. The court ruled that the existing jury pool would not be dismissed, finding the defendant did not establish a violation of his right to a jury drawn from a representative cross-section of the community.

State v. Gerald W. Butler - New Jersey Supreme Court Opinion

The New Jersey Supreme Court reviewed defendant Gerald W. Butler's conviction for controlled dangerous substances offenses. The Court considered whether prosecutorial comments and the admission of evidence portraying Butler as a violent, organized criminal deprived him of a fair trial. The Court found that while individual errors did not warrant overturning the convictions, the cumulative effect of the errors was significant.

State v. Jamel Carlton - Persistent Offender Sentencing

The Supreme Court of New Jersey ruled in State v. Jamel Carlton that the error in sentencing a persistent offender without a jury finding, as per Erlinger v. United States, is subject to harmless error review. The Court found the error harmless in this specific case but called for legislative revision of the statute.