Justia New Jersey Supreme Court Opinion Summaries

Plaintiff H.C. Equities, L.P. asserted contract claims against its commercial tenant, the County of Union, after the County began to withhold rent payments in response to a dispute about the condition of the leased commercial buildings. During negotiations to settle the contract matter, the County directed its co-defendant, the Union County Improvement Authority (Authority), to assess the County’s real estate needs. H.C. Equities obtained a copy of a consultant’s report prepared as part of that assessment and objected to statements in the report about the condition of the buildings that it had leased to the County. H.C. Equities filed suit against the County and the Authority, asserting conspiracy claims against both defendants and trade libel and defamation claims against the Authority. Plaintiff did not apply for permission to file a late tort claims notice until more than eight months after the expiration of the one-year period allowed under N.J.S.A. 59:8-9 for the filing of such motions. The trial court held that H.C. Equities had failed to file the notices of claim that the Tort Claims Act required and dismissed its tort claims. H.C. Equities appealed, and the Appellate Division reversed the trial court. Relying on a combination of excerpts from three letters written by H.C. Equities’ counsel, the Appellate Division found that H.C. Equities substantially complied with the Act’s notice of claim provisions. The New Jersey Supreme Court disagreed that a finding of substantial compliance with the Tort Claims Act could be premised on comments made by plaintiff’s counsel in three different letters sent to lawyers representing the defendant public entities. The Supreme Court did not find that H.C. Equities’ letters, individually or collectively, communicated the core information that a claimant had to provide to a public entity in advance of filing a tort claim. The Appellate Division’s determination was reversed, and the matter remanded to the trial court. View "H.C. Equities, LP v. County of Union" on Justia Law

In 2006, plaintiff Brenda Gilbert divorced her husband, Monroe Gilbert, who acquired sole possession of the family’s vehicle, which was still registered in plaintiff’s name. In April 2014, Monroe informed plaintiff that he had to report to the Woodland Park Municipal Court (WPMC) regarding many outstanding traffic tickets; the court summonses were issued in plaintiff’s name. On April 15, 2014, plaintiff met Monroe and his attorney, defendant Kenyatta Stewart, at WPMC. The matter was adjourned, and plaintiff, defendant, and Monroe discussed the best way to resolve the outstanding summonses. Plaintiff did not retain defendant as her attorney or request that he represent her; nor did defendant bill plaintiff or enter into a fee agreement with her. Nevertheless, he indicated to plaintiff that the optimal resolution would be for her to plead guilty to the charges because Monroe was at greater risk of license suspension due to his poor driving record. Plaintiff worked in the Passaic probation department since 1994. The parties disputed the extent to which defendant advised plaintiff of certain risks associated with the plea agreement. It was undisputed that defendant failed to advise plaintiff of the impact that a guilty plea might have on her public employment. In July 2014, plaintiff, through different counsel, challenged her conviction; ultimately the disposition against her was vacated, her fines were repaid to her, and the charges against plaintiff were dismissed. Plaintiff ultimately filed a complaint against defendant, alleging he breached a duty of care by “engaging in a clear conflict of interest” and urging her to enter into “unwarranted guilty pleas.” Defendant moved for summary judgment, arguing that he was not the proximate cause of plaintiff’s harm because any discipline from her employer resulted from her failure to notify, not her conviction. Judgment was entered in defendant's favor. The New Jersey Supreme Court reversed, finding a jury should have decided whether defendant’s legal advice was a substantial factor in plaintiff's demotion and suspension. View "Gilbert v. Stewart" on Justia Law

In 2011, the Borough of Carteret and the Firefighters Mutual Benevolent Association, Local 67 (FMBA) executed a collectively negotiated agreement (CNA) governing the terms and conditions of employment for the Borough’s firefighters. As of 2013, the Borough employed four captains and generally staffed each shift with one captain, who was charged with managing subordinate firefighters also on duty. Under the CNA, if no captains were scheduled to work a particular shift, the senior firefighter on duty would assume the captain’s responsibilities and be compensated at the captain’s rate of pay. Almost two years after the CNA went into effect, the Borough created a new position -- fire lieutenant -- falling between captain and firefighter in the chain of command. After the creation of the lieutenant position, if no captains were scheduled for a given shift, the lieutenant on duty would assume the captain’s responsibilities. In those instances, however, the Borough paid lieutenants their regular salary, not the higher rate an acting captain would have been paid. In 2017, the FMBA filed a grievance alleging that the Borough’s failure to pay lieutenants at the rate of an acting captain when a lieutenant assumed a captain’s responsibilities violated the terms of the CNA. An arbitrator sided with the FMBA. The Chancery Division upheld the award, but the Appellate Division reversed, finding that the difference between the Civil Service Commission’s job descriptions for firefighters and fire lieutenants created uncertainty as to Section 5 of the CNA's application to lieutenants. The New Jersey Supreme Court reversed, finding the arbitrator’s award was supported by a reasonably debatable interpretation of the disputed provision, and therefore, the award should have been upheld on appeal. View "Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67" on Justia Law

This appeal centered on the selection process for F.G., a Black male from Newark, New Jersey. F.G. was questioned at sidebar for about a half hour; F.G. told the court he believed he could be a fair and impartial juror. The State challenged F.G. for cause, noting that F.G. “has an awful lot of background” and “uses all of the lingo about, you know, the criminal justice system.” A second prosecutor voiced concern that F.G.’s “close friends hustle, engaged in criminal activity” because “[t]hat draws into question whether [F.G.] respects the criminal justice system” and his role as a juror. The trial court denied the State’s motion. After the court’s ruling, the prosecution ran a criminal history check on F.G. The next day, the court explained the prosecutor “came to see me yesterday” and revealed that there were “warrants out for F.G.” and that “[t]hey were going to lock him up.” Afterward, the State renewed its application to remove F.G. for cause. Defense counsel expressed concern about tainting the jury. The prosecutor replied that “the State is not in the habit of . . .looking at a random juror’s” criminal history, and then reiterated concerns the State had voiced the day before to explain why it ran a background check. Defendant Edwin Andujar was convicted as charged. On appeal, he argued he was denied the right to a fair trial because racial discrimination infected the jury selection process. In doing so, the Supreme Court addressed for the first time when a criminal history check could be run on a prospective juror. The New Jersey Supreme Court found nothing in the record that justified the State's decision to selectively focus on F.G. and investigate only his criminal record. "Based on all of the circumstances, the Court infers that F.G.’s removal from the jury panel may have stemmed from implicit or unconscious bias on the part of the State, which can violate a defendant’s right to a fair trial in the same way that purposeful discrimination can." The Court therefore reversed his conviction and remanded for a new trial. View "New Jersey v. Andujar" on Justia Law

In connection with a 2014 shooting, defendant David Chavies was charged with murder, aggravated assault, and weapons offenses. In June 2016, defendant pled guilty to second-degree aggravated assault based on accomplice liability. His prison intake form indicated that his health was poor and that he suffered from asthma, sickle cell anemia, and a heart murmur. Defendant was sentenced to a ten-year term of imprisonment with an 85% period of parole ineligibility under the No Early Release Act (NERA). In May 2020, defendant filed a Rule 3:21-10(b)(2) motion for release from custody and, in the alternative, sought a judicial furlough until the COVID-19 pandemic subsided. Defendant provided voluminous medical documents in support of his motion showing he had been undergoing treatment for his ailments. The court determined that defendant was barred from relief under Rule 3:21-10(b)(2) because he had not yet served 85% of his sentence, the period of parole ineligibility, as mandated by NERA. Finding no reversible error, the New Jersey Supreme Court affirmed the trial court's judgment. View "New Jersey v. Chavies" on Justia Law

The issue this case presented for the New Jersey Supreme Court's consideration was whether, under the facts of this case, plaintiff Leah Coleman, the victim of a violent assault by social worker Sonia Martinez’s patient, could bring a negligence claim against Martinez. Martinez’s patient, T.E., suffered two violent episodes prior to her treatment with Martinez. Coleman worked for the Division of Child Protection and Permanency (DCPP) and was tasked with ensuring the welfare of T.E.’s children when the children were removed from T.E.'s care after her hospitalization following her second violent incident. In a letter to Coleman dated October 1, 2014, Martinez stated that T.E. had been compliant during her sessions and with her medication and was ready and able to begin having unsupervised visits with her children with the goal of reunification. At her deposition, Martinez acknowledged the inaccuracy of representing that T.E. did not exhibit psychotic symptoms in light of what she and the group counselor had seen. During a November 7 appointment, Martinez disclosed to T.E. Coleman’s report of T.E.’s hallucinations. T.E. “became upset” and “tearful,” denied any psychotic symptoms, and reiterated her goal of regaining custody of her children. Later that day, T.E. called DCPP and spoke with Coleman. During their conversation, T.E. referenced her session with Martinez, denied that she was experiencing auditory hallucinations, and stated she did not understand why such a claim would be fabricated. Coleman advised T.E. to seek advice from an attorney as DCPP would “maintain that she [was] not capable of parenting independently due to her mental health issues.” Six days later, T.E. made an unscheduled visit to DCPP offices, where she stabbed Coleman twenty-two times in the face, chest, arms, shoulders, and back. Coleman filed a complaint against Martinez, alleging that Martinez was negligent in identifying her to T.E. as the source of information about T.E.’s hallucinations, and that T.E.’s attack was a direct and proximate result of Martinez’s negligence. The trial court granted summary judgment in favor of Martinez, finding no legal duty owed to Coleman under the particularized foreseeability standard set forth in J.S. v. R.T.H., 155 N.J. 330 (1998). The Supreme Court disagreed, finding that Martinez had a duty to Coleman under the circumstances here. The trial court's judgment was reversed and the matter remanded for further proceedings. View "Coleman v. Martinez" on Justia Law

Raquel Ramirez and Jorge Orozco were charged with murder and endangering the welfare of a child in connection with the death of their two-year-old daughter and tried jointly. The prosecution argued in part that defendants were equally responsible for the many injuries their daughter suffered, including the blunt-force head trauma that caused her death, by failing to prevent those injuries. In keeping with that theory of the case, the court instructed the jury on the elements of N.J.S.A. 2C:2-6(c)(1)(c), which governed accomplice liability for the failure to prevent the commission of an offense when under a legal duty to do so. In preparing the jury charge, the trial court looked to the only precedential authority to address that particular section of the accomplice liability statute, New Jersey v. Bass, 221 N.J. Super. 466 (App. Div. 1987). The trial court expressed misgivings about the charge approved in Bass, which seemed to the court to create a “real possibility that a defendant can be convicted as an accomplice of murder without striking a blow and without sharing the purposeful intent to kill.” Nevertheless, noting that Bass remained good law, the court derived its charge to accomplice liability for murder directly from that opinion. The jury acquitted both defendants of murder but convicted each of a lesser included offense: Ramirez of second-degree reckless manslaughter, Orozco of first-degree aggravated manslaughter. The jury found both defendants guilty of endangering. The Appellate Division reversed, and vacated both the manslaughter and the endangering convictions of each defendant. After its review, the New Jersey Supreme Court affirmed as to defendants’ respective manslaughter convictions but reversed as to their convictions for endangerment. Because the jury was improperly instructed as to endangerment, the matter was remanded for a new trial. View "New Jersey v. Ramirez" on Justia Law

M&K Construction (M&K) appealed a workers’ compensation court’s order (the Order) making it reimburse plaintiff Vincent Hager for the ongoing costs of the medical marijuana he was prescribed after sustaining a work-related injury while employed by M&K. Specifically, M&K contends that New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act was preempted as applied to the Order by the federal Controlled Substances Act (CSA). Compliance with the Order, M&K claims, would subject it to potential federal criminal liability for aiding-and-abetting or conspiracy. M&K also claimed medical marijuana was not reimbursable as reasonable or necessary treatment under the New Jersey Workers’ Compensation Act (WCA). Finally, M&K argued that it fit within an exception to the Compassionate Use Act and was therefore not required to reimburse Hager for his marijuana costs. After review, the New Jersey Supreme Court determined: (1) M&K did not fit within the Compassionate Use Act’s limited reimbursement exception; (2) Hager presented sufficient credible evidence to the compensation court to establish that the prescribed medical marijuana represents, as to him, reasonable and necessary treatment under the WCA; and (3) the Court interpretsed Congress’ appropriations actions of recent years as suspending application of the CSA to conduct that complied with the Compassionate Use Act. As applied to the Order, the Court thus found the Act was not preempted and that M&K did not face a credible threat of federal criminal aiding-and-abetting or conspiracy liability. M&K was ordered to reimburse costs for, and reasonably related to, Hager’s prescribed medical marijuana. View "Hager v. M&K Construction" on Justia Law

Plaintiffs filed a putative class action on behalf of themselves and “[a]ll consumers to whom [d]efendants, after November 17, 2013, provided an electronically printed receipt” listing the expiration date of the consumer’s credit or debit card in violation of the Fair and Accurate Credit Transactions Act of 2003 (FACTA). Plaintiffs’ only alleged injury was exposure to an increased risk of identity theft and credit/debit card fraud. The complaint alleged that “there are, at a minimum, thousands (i.e., two thousand or more) of members that comprise the Class.” The trial court granted defendants’ motion to dismiss plaintiffs’ complaint based on its determination that plaintiffs could not satisfy Rule 4:32-1’s numerosity, predominance, or superiority requirements for class certification. The Appellate Division affirmed the dismissal as it pertained to the class action claims. The New Jersey Supreme Court reversed, finding plaintiffs sufficiently pled the class certification requirements to survive a motion to dismiss. The Supreme Court remanded the matter for class action discovery to be conducted pursuant to Rule 4:32-2(a), so that the trial court could determine whether to certify the class. View "Baskin v. P.C. Richard Son, LLC" on Justia Law

In September 2016, defendant Trend Motors, Ltd. (Trend), provided defendant Mary Aquilar with a loaner vehicle for her personal use while her vehicle was being serviced. Aquilar’s negligent operation of the loaner vehicle caused it to strike plaintiff Tyrone Huggins’s car. Huggins sustained serious injuries as a result. GEICO insured Aquilar through an automobile policy. Trend held a garage policy with Federal Insurance Company (Federal) that insured Trend’s vehicles for up to $1,000,000 in liability coverage. The definition of an “insured” in the Federal policy purported to extend liability coverage to Trend’s customers using Trend’s vehicles only if the customer lacked the minimum insurance required by law. Huggins filed a complaint seeking compensation for the injuries and loss of income he suffered as a result of the accident. Federal disclaimed liability, arguing that Aquilar did not fit the policy’s definition of an insured because she held $15,000 in bodily injury coverage through GEICO. The trial court held that the Federal policy’s definition of an insured constituted an illegal escape clause and held Federal to the full policy limit of $1,000,000 in liability coverage. The Appellate Division declined to review the trial court’s ruling. The New Jersey Supreme Court concurred with the trial court’s ruling that the provision in the garage policy at issue constituted an illegal escape clause which could not be used to evade the minimum liability requirements for dealership vehicles set by the Chief Administrator of the Motor Vehicle Commission (MVC). The Court ordered the reformation of Federal’s policy to the $100,000/$250,000 dealer-licensure minimum liability coverage required by N.J.A.C. 13:21-15.2(l). View "Huggins v. Aquilar" on Justia Law