Justia New Jersey Supreme Court Opinion Summaries

In August 2018, Thomas Zingis was charged with careless driving and driving while under the influence (DWI). He had a prior DWI conviction from April 2012. In December 2018, the municipal court found Zingis guilty of DWI and sentenced him as a second offender, based on his 2012 conviction. Zingis argued that his first conviction should be disregarded because the State failed to prove it was not based on a Dennis-calibrated Alcotest, referencing the State v. Cassidy decision. The municipal court accepted the prosecutor's representation that Camden was not affected by Dennis's misconduct and sentenced Zingis as a second offender.On appeal, the Law Division also found Zingis guilty and upheld the second-offender sentence. However, the Appellate Division affirmed the conviction but vacated the enhanced sentence, ruling that the State failed to prove beyond a reasonable doubt that Zingis’s 2012 conviction was not based on an inadmissible Alcohol Influence Report (AIR). The case was remanded to a Special Adjudicator to determine which counties were affected by Dennis’s conduct and what notification was provided to affected defendants.The New Jersey Supreme Court reviewed the case and adopted the Special Adjudicator’s findings with modifications. The Court held that in any case where the State seeks an enhanced sentence based on a prior DWI conviction during the period of Dennis’s misconduct, the State must provide discovery to the defendant, including data from Exhibit S-152 and the Dennis Calibration Repository. If the prior conviction involved a Dennis-calibrated Alcotest, the defendant must be given the opportunity to challenge the conviction through post-conviction relief (PCR). The Court also ordered that Exhibit S-152, redacted to exclude personal identifiers, be made publicly available. The judgment of the Appellate Division was affirmed, and the case was remanded to the municipal court for further proceedings consistent with the opinion. View "State v. Zingis" on Justia Law

A.D., a student with disabilities, attended Sparta High School and was designated as having a disability under the IDEA. In early 2019, Sparta informed A.D. that he was in danger of failing several classes, leading to a period of home instruction. A.D.'s parents withdrew him from school, and he subsequently passed the GED, receiving a State-issued high school diploma in April 2019. Despite re-enrolling at Sparta High School and receiving home instruction again, A.D. faced academic challenges and was withdrawn from school multiple times. In May 2021, Sparta denied A.D.'s re-enrollment request, citing his receipt of the State-issued diploma.M.N., A.D.'s mother, requested a due process hearing with the New Jersey Department of Education (DOE). The Administrative Law Judge (ALJ) ruled that A.D.'s State-issued diploma was a "regular high school diploma" under federal regulations, thus ending his entitlement to a FAPE. The Commissioner of the DOE upheld the ALJ's decision, and the Appellate Division affirmed, agreeing that the State-issued diploma met state standards and ended A.D.'s entitlement to a FAPE.The Supreme Court of New Jersey reviewed the case and held that a New Jersey State-issued diploma based on passing the GED is not a "regular high school diploma" under 34 C.F.R. § 300.102(a)(3)(iv). Therefore, a student who receives such a diploma remains entitled to a free appropriate public education under the IDEA. The Court reversed the Appellate Division's decision, concluding that A.D. remains entitled to receive a FAPE, and Sparta must provide it. View "Board of Education of the Township of Sparta v. M.N." on Justia Law

Tennessee Gas proposed constructing a new compressor station (Compressor Station 327) in West Milford Township as part of its East 300 Upgrade Project. The site is within the Highlands Preservation Area, which has stringent environmental standards. Tennessee applied to the New Jersey Department of Environmental Protection (DEP) for a Highlands Applicability Determination (HAD), claiming an exemption under N.J.S.A. 13:20-28(a)(11) (Exemption 11) of the Highlands Water Protection and Planning Act. The DEP issued the HAD, determining that the project qualified for Exemption 11.Food & Water Watch appealed the DEP’s decision, arguing that Exemption 11 should be narrowly construed so that the term “routine” modifies “upgrade.” The Appellate Division agreed, vacating the HAD and remanding the matter to determine if Compressor Station 327 qualifies as a “routine upgrade.” The court emphasized that statutory exemptions should be strictly construed to protect environmental interests and found that “routine” should modify all activities listed in Exemption 11.The Supreme Court of New Jersey reviewed the case and reversed the Appellate Division’s judgment. The Court held that “routine” modifies only “maintenance and operations” and does not modify the other activities listed in Exemption 11, such as “upgrade.” The Court based its decision on the plain language of the statute, its grammatical structure, and the context within the law. The case was remanded to determine if the project is consistent with the goals and purposes of the Highlands Act, considering factors such as the project's location on already disturbed lands. View "In the Matter of Proposed Construction of Compressor Station" on Justia Law

In this consolidated appeal, the court examined whether internal reports and documents created after alleged adverse events at nursing and assisted living facilities are discoverable or privileged under the New Jersey Patient Safety Act (PSA). In the first case, the plaintiff, Madeline Keyworth, claimed injuries from two falls at a skilled nursing facility and sought the facility’s internal incident reports. In the second case, the plaintiffs, Suzanne and Jonathan Bender, sought an incident report regarding an alleged attack on Diane Bender by another resident at an assisted living facility. Both facilities argued that the requested materials were privileged under the PSA’s self-critical-analysis privilege.The trial courts in both cases found that the self-critical-analysis privilege did not apply and ordered the defendants to disclose the materials. The Appellate Division reversed these decisions, concluding that the defendants had complied with the PSA’s procedural requirements, thus making the documents privileged and not subject to discovery.The Supreme Court of New Jersey reviewed the cases and held that the facilities did not comply with the PSA’s procedural requirements. Specifically, the court noted that the PSA requires a patient safety committee to operate independently from any other committee within the facility. The defendants’ certifications revealed that their committees did not adhere to this requirement, as they performed dual functions related to both patient safety and quality assurance. Consequently, the court determined that the disputed documents were not privileged under the PSA and were subject to discovery.The court reversed the Appellate Division’s judgment and remanded the cases to the trial courts for further proceedings consistent with its opinion. The main holding was that the facilities’ failure to comply with the PSA’s procedural requirements meant that the self-critical-analysis privilege did not apply to the disputed documents. View "Keyworth v. CareOne at Madison Avenue" on Justia Law

The Delaware River Joint Toll Bridge Commission (Commission), a bi-state entity created by an interstate compact between New Jersey and Pennsylvania, sought to replace the I-95 Scudder Falls Bridge. The Commission decided to use a Project Labor Agreement (PLA) for the project, which required contractors to hire at least 75% of their workforce from specified local unions. George Harms Construction Company, Inc. (Harms), which had a collective bargaining agreement with a different union, challenged the PLA, arguing it was unlawful because it excluded their union.The trial court denied Harms' request for a preliminary injunction and dismissed Harms' counterclaims, ruling that New Jersey’s competitive bidding laws did not apply to the Commission. However, it also dismissed the Commission’s complaint, stating the lawsuit was not properly authorized by the Commission as a whole. The Appellate Division affirmed the dismissal of the Commission’s complaint but reversed the dismissal of certain counterclaims, concluding that the Commission lacked authority to use a PLA because New Jersey and Pennsylvania did not have complementary or parallel laws on PLAs.The Supreme Court of New Jersey reversed the Appellate Division’s judgment. It held that the plain language of the Compact authorizes the Commission to require the use of a PLA in a publicly bid construction project. The Court found that the Commission’s broad powers under the Compact include the authority to use PLAs, even though the Compact does not explicitly mention them. The Court also determined that the Appellate Division erred in looking beyond the Compact to state laws that do not mention the Commission. The case was remanded for further proceedings consistent with this opinion. View "Delaware River Joint Toll Bridge Commission v. George Harms Construction Co., Inc." on Justia Law

In March 2019, emergency personnel responded to a call at Arlo's home, where they found his two-year-old son, Daniel, unresponsive. Daniel was taken to the hospital and underwent emergency surgery for severe injuries, including a skull fracture and subdural hemorrhage. Arlo and his girlfriend, Tiffany, claimed Daniel had tripped and fallen. However, medical professionals found the injuries inconsistent with their account. The Division of Child Protection and Permanency (Division) removed Daniel from Arlo's custody, and Arlo was charged with endangering the welfare of a child. A grand jury later declined to indict Arlo, and his criminal records were expunged.The Division filed a Title 9 action seeking custody of Daniel. During the proceedings, the Division sought to use Arlo's expunged criminal records, arguing they were essential for the abuse and neglect factfinding trial. The trial court granted the Division's motion, finding good cause and compelling need based on specific facts, and noting the confidential nature of the Title 9 trial. Arlo appealed, but the Appellate Division affirmed the trial court's decision, agreeing that the Division met the statutory requirements for using the expunged records.The Supreme Court of New Jersey reviewed the case and affirmed the lower courts' decisions. The Court held that the Division demonstrated good cause and compelling need based on specific facts, as the criminal and civil proceedings concerned the same incident, and the expunged records were crucial due to the lack of other witnesses and Daniel's inability to recount the incident. The Court also noted that the use of the records was limited to the Title 9 trial and subject to confidentiality protections. The case was remanded to the trial court for further proceedings. View "New Jersey Division of Child Protection and Permanency v. A.P." on Justia Law

In this case, a Judaic Studies teacher employed by an Orthodox Jewish school was terminated following allegations of inappropriate conduct. The school conducted an investigation and consulted with religious authorities before deciding to terminate the teacher's employment. The school then communicated this decision to the school community, stating that the teacher's conduct was deemed unacceptable and inconsistent with the school's standards.The teacher filed a lawsuit asserting several claims, including defamation. The trial court dismissed all claims, citing the ministerial exception, which bars courts from intervening in employment disputes involving religious institutions and their ministers. The Appellate Division affirmed the dismissal, holding that the ministerial exception applied because the teacher was considered a minister and the defamation claims were related to the school's employment decision.The Supreme Court of New Jersey reviewed the case and reaffirmed the standard set forth in McKelvey v. Pierce, which requires courts to analyze each element of a claim to determine if adjudication would interfere with a religious institution's prerogatives. The Court concluded that adjudicating the defamation claims would require an inquiry into religious law and the school's decision-making process, thus violating the First Amendment. The Court held that the ministerial exception barred the defamation claims and affirmed the Appellate Division's judgment.The Court was equally divided on whether additional discovery was necessary, but ultimately decided that further discovery would not change the constitutional analysis. Therefore, the dismissal of the defamation claims was upheld. View "Hyman v. Rosenbaum Yeshiva of North Jersey" on Justia Law

Brian Ambroise, a Senior Correctional Police Officer at the Edna Mahan Correctional Facility for Women, faced disciplinary charges from the Department of Corrections (DOC) in December 2020. The charges included conduct unbecoming a public employee and undue familiarity with inmates, stemming from allegations that Ambroise had a sexual relationship with an inmate, J.O., and performed favors for her, such as bringing in contraband and passing messages. Ambroise admitted to kissing J.O. and failing to report it, as well as passing a message between inmates.An Administrative Law Judge (ALJ) modified the DOC’s penalty from removal to a twenty-day suspension, sustaining only the charge of failing to report the kiss and dismissing the others. The DOC appealed to the Civil Service Commission, which affirmed the ALJ’s finding on the failure to report but reversed the dismissal of the undue familiarity charge. The Commission imposed a six-month suspension, considering Ambroise’s previously unblemished record and the seriousness of his conduct.The New Jersey Supreme Court reviewed the case and found the Commission’s decision to be arbitrary, capricious, and unreasonable. The Court held that the Commission failed to adequately consider the DOC’s expertise in maintaining prison security and the seriousness of Ambroise’s offenses. The Court emphasized that Ambroise’s failure to report the kiss and his undue familiarity with inmates compromised prison security and discipline. Consequently, the Court reversed the Appellate Division’s judgment and reinstated the DOC’s recommended sanction of removal, remanding the case to the Commission to redetermine the penalty in accordance with the Court’s decision. View "In the Matter of Brian Ambroise" on Justia Law

Plaintiff’s daughter, Alexandrianna Lowe, who had an opioid addiction, was admitted to Hackensack Meridian Jersey Shore University Medical Center (JSUMC) for complications related to Type 1 diabetes. Two days later, Lowe was found unresponsive, and hospital staff administered anti-opioid medication but failed to check her blood sugar levels. An autopsy revealed no illicit drugs in her system. Plaintiff filed a complaint against JSUMC and others, alleging negligence. At the time of filing, plaintiff had not been appointed administratrix ad prosequendum of her daughter’s estate and did not have access to Lowe’s medical records.The trial court dismissed Dr. Michael Carson from the case as he was not involved in the events leading to Lowe’s death. Plaintiff submitted an Affidavit of Merit (AOM) by Dr. Joseph Fallon, which defendants argued was insufficient because it did not name the surviving defendants, did not state that Dr. Fallon was a similarly licensed physician, and did not indicate that Dr. Fallon reviewed Lowe’s medical records. Without holding a Ferreira conference, the trial court dismissed the complaint with prejudice for failure to submit a sufficient AOM. The Appellate Division affirmed the dismissal.The Supreme Court of New Jersey reviewed the case and held that the AOM submitted by plaintiff complied with N.J.S.A. 2A:53A-27. The Court found that the AOM statute does not require the affiant to state that they reviewed medical records or to name a specific defendant by name. The Court emphasized the importance of holding a timely and effective Ferreira conference to resolve issues related to the AOM. The Court reversed the Appellate Division’s decision and remanded the case for further proceedings, including consideration of plaintiff’s motion to amend her complaint to add Dr. Vikas Singh as a defendant. View "Moschella v. Hackensack Meridian Jersey Shore University Medical Center" on Justia Law

Plaintiffs William Pace and Robert Walters leased apartments at Hamilton Cove, a complex in Weehawken, New Jersey, based on advertisements claiming 24/7 security. After moving in, they discovered that the security was not as advertised. They filed a complaint in March 2022, alleging common law fraud and violations of the Consumer Fraud Act (CFA), seeking to certify a class of similarly affected tenants. The leases included a class action waiver, which defendants argued should prevent the class action. Plaintiffs contended the leases were unconscionable contracts of adhesion.The trial court denied defendants' motion to dismiss, finding the complaint sufficiently pled fraud. The Appellate Division affirmed, holding that class action waivers in contracts without mandatory arbitration provisions are unenforceable as a matter of public policy. The court distinguished this case from AT&T Mobility LLC v. Concepcion, which upheld class action waivers in arbitration agreements under the Federal Arbitration Act (FAA). The Appellate Division emphasized New Jersey's public policy favoring class actions for consumer protection.The Supreme Court of New Jersey reviewed the case and reversed the Appellate Division's decision. The Court held that class action waivers in consumer contracts are not inherently contrary to public policy and can be enforceable unless found to be unconscionable or invalid under general contract principles. The Court found that the class action waiver in the lease agreements was clear and unambiguous, and the leases were not unconscionable. Therefore, the class action waiver was enforceable, and plaintiffs must pursue their claims individually. The case was remanded for further proceedings consistent with this opinion. View "Pace v. Hamilton Cove" on Justia Law