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Third Circuit Upholds Use of Deadly Force in Attempted Arrest
While effectuating the arrest of Deshyamma Dalton (“Dalton”), detective John Caccia (“Caccia”) shot and killed Jacob Servais (“Servais”). Servais’ mother, as Administrator of his Estate, filed a lawsuit against the law enforcement officers and agencies involved in the incident, claiming that Caccia’s use of lethal force against Servais was excessive force in violation of the […]
Bid for Public Contract Deemed Compliant When Post Office Box Address of Owners of Bidder Given As Opposed to Home Address
In a published decision of the Appellate Division in Asphalt Paving Sys. v. Borough of Stone Harbor, 2022 N.J. Super. LEXIS 136 (App. Div. Nov. 14, 2022), the Court was asked to decide whether a bidder to a public contract, to be issued by Borough of Stone Harbor, submitted a statutorily compliant bid by listing […]
New Jersey Revamps Its Offer of Judgment Rule
The New Jersey Offer of Judgment Rule permits any party to make an “offer to take judgment” either in the party’s favor (if a plaintiff) or against the offeror (if a defendant). The rationale for this rule is to encourage and facilitate a settlement because of the consequences of non-acceptance of the offer. Pursuant to […]
Masking and Social Distancing Requirements to be Concluded in New Jersey Civil Courts
The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022. Jurors will continue to begin their jury service virtually and, at that time, […]
Resumption of In-Person New Jersey Trials
On May 11, 2021, the New Jersey Supreme Court issued an Order authorizing the resumption of in-person criminal jury trials and some in-person civil jury trials, effective on or after June 15, 2021. Criminal jury trials will be conducted in person and be given the highest priority. Most civil jury trials will continue to be […]
New Jersey Supreme Court Orders Virtual Jury Trials to Proceed
After receiving numerous public comments, on January 7, 2021, the New Jersey Supreme Court has ordered that virtual jury trials are to proceed, starting on February 1, 2021. They will be implemented in a two phase approach in a limited number of vicinages on a voluntary basis starting February 1, 2021 and on a mandatory […]
Jury Trials Again Suspended in New Jersey
Not surprisingly, due to the COVID-19 surge of cases, the New Jersey Supreme Court has once again suspended jury trials. They had resumed earlier in the fall on a limited basis as a hybrid with virtual jury selection and socially distanced trials. However, with this second wave of new COVID-19 cases, the Court deemed it […]
New Jersey Jury Trials to Resume on Limited Basis
Beginning in mid-September, New Jersey will resume jury trials on a limited basis. Three counties have been chosen to start the resumption of trials – Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem vicinages. The plan is to start with criminal trials and then expand to other counties and both criminal and civil trials. The plan is to […]
New Jersey State Courts Gradually Reopening
The New Jersey Supreme Court has approved the first part of the New Jersey Courts Post Pandemic Plan for transitioning from fully remote court operations (Phase 1) to the gradual return to courthouse and court facilities (Phase 2). The courts will begin the implementation of Phase 2 starting on June 22, 2020. Up until June […]
Update on NJ Court Proceedings from Supreme Court Due to COVID-19 Pandemic
On Friday, March 27, 2020, the New Jersey Supreme Court issued an omnibus order addressing the suspension of court proceedings, extension of deadlines and tolling time periods. The Court had been issuing almost daily orders but this order addressed the extension of those time periods based upon the current restrictions on movement and activity recommended […]
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