Employment Law I, Some Legal Analysis Of Constitutional Or Federal Claims FREEDOM OF SPEECH 42 U.S.C. 1983 provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State … subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to […]
Medical and hospital services and treatment are provided for in N.J.S.A. 34:15-15. The Act provides that the employer must furnish to the worker all medical and surgical treatment as well as hospital services as may be necessary to cure and relieve the worker of the effect of an injury and to restore the function of […]
One Case On Roadside Searches STATE v. CARTY, 170 N.J. 632 The NJ Supreme court has stated that roadside searches are more akin to an investigatory stop rather than a “mere field interrogation,” thus requiring reasonable suspicion. The Court reasoned that a motorist is not free to leave until the search is completed. 170 NJ […]
Final Restraining Orders And Attendance At Depositions New Jersey Rule of Court 4:10-3 provides that the Court may, for good cause shown, make any Order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. In the comment to Rule 4:10-3 it is specifically stated that a […]
New Jersey officers probed for DWI handling of fellow trooper Thousands of New Jersey drivers make the mistake of driving under the influence of drugs and alcohol every year, to the detriment and danger of everyone in the state. Unfortunately, this mistake happens to a wide variety of people, in every profession, including law enforcement. […]
What happens if you are charged with DUI in New Jersey? When a motorist has been stopped by police, the officer may notice signs that the driver is under the influence of drugs or alcohol. This may give the officer enough evidence to begin an investigation to determine whether or not the individual is impaired. […]
Criminal evidence: Hearsay and the fresh complaint exception A New Jersey ruling explores the “fresh complaint” exception to hearsay. It applies to cases involving a sex crime. Every criminal lawyer knows about “hearsay.” This is the infamous rule, which excludes “he said, she said” testimonial evidence from a criminal case. Hearsay is “information received from […]
New Jersey most recent state to “ban the box” on employment applications Criminal convictions can be harmful to finding employment A criminal conviction can lead to a vicious and well-known cycle; one mistake leads to difficulty finding employment, which makes it hard to reintegrate into society, which makes committing another criminal offense more likely. Often, […]
Bless v. Bless 318 N.J. Super. 90, 723 A.2d 67; N.J.Super.A.D.,1998.; December 31, 1998, International custody dispute – appealed lower court decision and won – published opinion.
Hemsey v. Board of Trustees, Police & Firemen’s Retirement System, 393 NJSuper 524 (AppDiv 2007) (Wallace, J.) (21 pp.) It was error for the board to cancel Hemsey’s PFRS retirement benefits and to require him to re-enroll in PFRS. Hemsey did not satisfy the statutory requirements for mandatory re-enrollment because there was insufficient credible evidence […]
