New Jersey Law Journal

NJ Supreme Court Offers Guidance on Third Party Payment of Defendant's Legal Fees in Criminal Cases

Thu, 13 Aug 2026 14:33:20 EST

We urge those involved in the practice of criminal law to make their views known to the Criminal Practice Committee while it studies the subject and implements the court's direction.

Do I Really Need a Prenup?

Thu, 13 Aug 2026 13:14:59 EST

Under New Jersey law, a validly executed premarital agreement can provide a significant layer of protection for assets held in irrevocable trusts during divorce proceedings involving the division of marital property or determinations of spousal support.

NJ Supreme Court Strikes a Blow Against Daniel's Law

Wed, 12 Aug 2026 16:22:10 EST

A New Jersey Supreme Court ruling finding no mens rea requirement for ordinary liability under Daniel's Law is a shot in the arm for those challenging the law on First Amendment grounds.

Court Watch: Court Draws Line on Miranda Warnings

Wed, 12 Aug 2026 10:29:59 EST

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Doctor Immune From Medmal Suit Even After Failing To Disclose She Was a Public Employee

Tue, 11 Aug 2026 16:08:27 EST

A physician who was sued over the death of a newborn child is off the hook because she is a state government employee and the plaintiffs failed to follow the provisions of the Tort Claims Act.

New Jersey's Charitable Immunity Act: The Expanding Definition of 'Hospital Purposes'

Tue, 11 Aug 2026 09:59:59 EST

The New Jersey Supreme Court has broadened the scope of what constitutes a hospital such that more healthcare entities not traditionally considered hospitals have been placed in the cap on damages category instead of the complete immunity category.

$2.5B Settlement: A New Blueprint for Environmental Litigation?

Mon, 10 Aug 2026 16:37:01 EST

New Jersey collected $2.5 billion for environmental pollution in four sites after following a litigation strategy consisting of identifying contamination, suing the responsible parties, establishing liability through litigation, and negotiating a settlement.

Family of Boy Fatally Shot at Football Game Can't Sue School District, Appellate Division Rules

Mon, 10 Aug 2026 13:44:18 EST

The 10-year-old victim had been attending a football with his mother when shooting broke out.

The Elite Family Court

Mon, 10 Aug 2026 09:59:59 EST

Stepchild is often used as a pseudonym for something that is somehow "less than." However, in New Jersey, the family court exercises extraordinarily broad powers—constitutional, statutory, equitable, and criminal—covering the full spectrum of matters involving juveniles, family relationships, domestic violence, child welfare, child abuse and neglect, and interstate custody disputes. As will be shown, the New Jersey family court is anything but a stepchild.

'Not Just Another Startup': The Archer Partner Who Helped Bring Back Philadelphia's Cycling Classic

Fri, 07 Aug 2026 15:45:09 EST

Kate Sherlock, an intellectual property and corporate partner with Archer & Greiner, served as outside counsel to Race Street Partners to bring back the event back after a 10-year hiatus.

'State v. Kearney': New Jersey Supreme Court Establishes New Best Practices for Third-Party Retainer Agreements

Fri, 07 Aug 2026 14:29:59 EST

Recognizing that family members, friends, and other supporters frequently retain counsel on behalf of incarcerated defendants, the Court acknowledged that third-party fee arrangements are both common and often unavoidable. At the same time, those arrangements create fertile ground for later claims that counsel's loyalty was divided or that the client never understood the risks associated with someone else paying the legal bill.

On the Move and After Hours: Sills Cummis; Pashman Stein; Fox Rothschild; Spiro Harrison; Einhorn Barbarito; Porzio

Thu, 06 Aug 2026 23:59:59 EST

Sills Cummis & Gross welcomed Debra M. McGarvey, Jill J. Pomeroy, and Zachary Q. De Leon to its Newark office, and more moves.

Always Honor the Request for a Readback and Develop the Position of the Parties

Fri, 07 Aug 2026 11:16:21 EST

The scope of the readback may involve some discretion, but the fact that a single juror desires a read back does not.

Summer Associate Programs Foster a 'Collegial, Collaborative Environment' Among Future Lawyers

Fri, 07 Aug 2026 10:53:52 EST

The Summer Associate Program "is a great opportunity for law students to work closely with attorneys across our practice areas and gain valuable experience through meaningful, substantive legal assignments," said Charlie Dennen, co-chair of Archer's Hiring Committee.

NJ Bankruptcy Court Roll-Up Is Not a Payment and Offering May be Sharing

Fri, 07 Aug 2026 10:50:59 EST

In a recent decision in the bankruptcy case of Del Monte Foods, the U.S. Bankruptcy Court for the District of New Jersey interpreted a liability management exercise that was challenged through the prepetition term loan agreement's ratable sharing provision in the context of a debtor-in-possession financing and related roll-up, thereby providing the first actual market guidance on this issue.

$5M Somerset Settlement After Doctor Botches First Circumcision

Thu, 06 Aug 2026 17:02:17 EST

A $5 million settlement was reached in a Somerset County medical malpractice suit stemming from errors during a circumcision. Assessing the extent of the injury was difficult because of competing photos.

FAAAA Preemption After 'Montgomery': Tort Claims Dismissed, Contract Claim Survives

Thu, 06 Aug 2026 10:29:59 EST

The Court discussed the recent 'Montgomery' decision, agreeing with Amerigo that the “fraud and negligent misrepresentation claims are directly related to Amerigo's services as a broker and are thus preempted. However, the breach of contract claim was not preempted.

Scarinci Hollenbeck Deepens Litigation Bench With Additional Weiner Law Hires

Thu, 06 Aug 2026 10:08:57 EST

The move comes two months after Scarinci Hollenbeck brought on seven attorneys from Weiner Law Group, including its former managing partner.

Rethinking 'Brady' Materiality: What 'State v. Allen' Means for New Jersey Practitioners

Wed, 05 Aug 2026 10:59:59 EST

The distinction is more than semantic. It affects how defense counsel should frame post-conviction claims, how prosecutors evaluate disclosure obligations, and how courts analyze motions for a new trial, and reaffirms that not every failure to disclose evidence by the state amounts to a constitutional violation.

Amazon Illegally Wields Monopsony Power Over Drivers, NJ Says

Wed, 05 Aug 2026 10:48:01 EST

“Amazon delivery drivers are subject to financial, physical and mental harm, illustrating the real, everyday impact of an unchecked monopolist, the complaint said.

Sales Rep Awarded $3M After Trial on Commission Dispute

Tue, 04 Aug 2026 15:59:48 EST

An employer who resisted paying a sales representative was ordered to pay the worker $3.02 million, with additional liability possible under a fee application that's still pending.

NJ Supreme Court Sets Limits for Child Sexual Abuse Act Amendment

Tue, 04 Aug 2026 15:42:41 EST

The ruling reverses an Appellate Division decision that had found the statute should apply retroactively.

A Full Bench in Trenton: The Promise and Pressure of New Jersey's Judicial Moment

Tue, 04 Aug 2026 13:59:59 EST

Judicial vacancies in New Jersey have dropped to historic lows. On its face, that sounds like unambiguously good news. And in many ways, it is. But like most shifts in the justice system, it comes with trade-offs that deserve closer examination.

The Law of the Case Doctrine: A Discretionary Guardrail, Not a Straitjacket

Tue, 04 Aug 2026 10:29:59 EST

The law of the case doctrine is one of the most misunderstood principles in New Jersey practice, frequently cited as though it were an ironclad bar to reconsideration when, in fact, our courts have long treated it as a flexible, discretionary guideline rather than a rule of law.

Divided 3rd Circuit Revives Lawsuit Over Local Judges' Bail-Setting Practices

Mon, 03 Aug 2026 17:00:00 EST

In its 2-1 decision, the U.S. Court of Appeals for the Third Circuit said a federal judge erroneously abstained from considering the arrestees' equal protection and due process claims under Younger v. Harris, a 1971 U.S. Supreme Court ruling that established federal courts generally should not exercise jurisdiction over cases that interfere with ongoing state court proceedings.

Legal Mal Suit Against Greenbaum Rowe Revived by Appellate Division

Mon, 03 Aug 2026 15:02:19 EST

In 2021, First Bank filed a legal malpractice complaint against Greenbaum Rowe, alleging the firm failed to verify that DeMaio could meet the loan requirements.

NJ Supreme Court: Insurance Brokers, Producers, and Agents Not Exempt from Consumer Fraud Act, Casts Doubt on "Learned Professional" Exemption

Mon, 03 Aug 2026 11:14:59 EST

The opinion serves as a stark warning to regulated professionals and businesses operating in New Jersey.