Opinion Summaries

The Court reverses the Appellate Division’s judgment because it conflicts with Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587 (1993), and L.W. v. Toms River Regional Schools Board of Education, 189 N.J. 381 (2007). Under Lehmann, sexual touching of areas of the body linked to sexuality happens, by definition, because of sex. The Court affirms the denial of plaintiffs’ motions to amend their complaint and to obtain certain records.

In this matter, the court considered whether defendant's act of making and disseminating a video accusing her estranged husband of improperly withholding a get, a Jewish bill of divorce, and asking community members to "press" her husband to deliver the get constituted the predicate act of harassment, in violation of N.J.S.A. 2C:33-4(a), to justify the issuance of a final restraining order under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.  The court held that defendant's communication was protected by the Free Speech Clause of the First Amendment and the New Jersey Constitution and did not fall into any of the narrow exceptions—incitement to imminent violence or true threats—which would rob it of its protected status.  The court likewise concluded that because defendant's communication was not impermissibly invasive of plaintiff's privacy and was animated by a legitimate purpose, the acquisition of a get, rather than a purpose to harass, it was not violative of the harassment statute.  Lastly, the court held that plaintiff's allegation that there was a general tendency of violence toward get refusers in the Jewish community was inapposite because the claim was not supported by the record and because the theoretical possibility that a third party will commit a criminal act cannot render otherwise permissible speech unlawful.  As a result, the court vacated the final restraining order entered against defendant.

The court interprets Exemption 11 of the Highlands Act, N.J.S.A. 13:20-28(a)(11), which exempts entirely from all provisions of the Act and "any rules or regulations" adopted by the DEP pursuant to it:

the routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade of public utility lines, rights of way, or systems, by a public utility, provided that the activity is consistent with the goals and purposes of this act,

to exempt only "routine" upgrades to a utility's lines, rights of way or systems in the Preservation Area, rejecting the DEP's interpretation that "routine" modifies only "maintenance and operations" and does not modify "upgrade." 

Applying its interpretation, the court vacates the Highlands Applicability Determination issued to the Tennessee Gas Pipeline Company exempting its proposed compressor station in the Preservation Area from permitting review and remands the matter to the DEP for consideration of whether Tennessee's new compressor station can qualify as a "routine upgrade" to its pipeline system, thus bringing it within Exemption 11.

During the investigation of an alleged drug distribution network, the State Police obtained wiretap orders authorizing the interception of communications on various cellular phones pursuant to the New Jersey Wiretapping and Surveillance Control Act (the Act), N.J.S.A. 2A:156A-1 to -37.  By leave granted, the State challenged an order suppressing all intercepted communications that followed the interception of a privileged marital communication between one of the defendants and his codefendant spouse.  The trial court entered the order under N.J.S.A. 2A:156A-21, which in pertinent part mandates the suppression of "the entire contents of all intercepted wire, electronic[,] or oral communications obtained during or after any interception" that is "unlawfully intercepted" or "not made in conformity with" the wiretap order or authorization.  N.J.S.A. 2A:156A-21(a) and (c). 

The court affirms the order based on its interpretation of the Act.  The State concedes that at the time of the interception of the initial privileged marital communication, N.J.R.E. 509 did not include a crime-fraud exception, and, as a result, the initial and subsequent 305 intercepted privileged marital communications are inadmissible at defendants' trial under the then-extant version of N.J.R.E. 509.  The State argues interception of the initial privileged marital communication did not trigger the mandatory suppression of all subsequent wiretap interceptions during the investigation under N.J.S.A. 2A:156A-21 because interception of the privileged marital communication was neither unlawful nor made in violation of the wiretap orders. 

The court concludes that not every interception of a privileged marital communication is unlawful and requires application of N.J.S.A. 2A:156A-21's suppression remedy.  The court finds incidental interceptions of privileged communications during the mandatory intrinsic minimization process attendant to the execution of every wiretap order are anticipated by, and authorized by, the Act, and do not trigger N.J.S.A. 2A:156A-21's suppression remedy. 

The court holds that, because the State Police knew the initial interception was of a communication between married spouses, made no effort to minimize the interception, and monitored the communication beyond the time necessary to determine if it was privileged, the interception was unlawful under the Act and violated the wiretap order, which expressly required minimization.  The court rejects the State's argument suppression is not required because the initial marital communication, and the 305 subsequent marital communications, were intercepted based on the good faith but erroneous belief the crime-fraud exception recommended by the Court in State v. Terry, 218 N.J. 224 (2014), and later enacted, N.J.S.A. 2A:84A-22(2)(e), L. 2015, c. 138, § 2, eff. Nov. 9, 2015, would apply retroactively such that the interceptions would be supported on that basis. 

In this legal-malpractice case, the corporate plaintiff and its president appeal from an order granting defendants' summary-judgment motion.  The trial court found plaintiffs' expert had failed to analyze how defendants' alleged breaches of the standard of care would have impacted a potential jury verdict or settlement and had not opined that defendants' alleged malpractice proximately caused any damages.  The judge also dismissed the president's individual claim because the undisputed facts showed she and defendants did not have an attorney-client relationship.   

The court affirms, holding plaintiffs had not established proximate cause as a matter of law and that expert testimony was necessary in this case to prove proximate causation and damages.  With respect to the president's individual claim of legal malpractice, the court holds she failed to demonstrate the existence of an attorney-client relationship between herself and defendants. 

Defendant appeals from Family Part orders enforcing provisions of a marital settlement agreement (MSA).  A critical area of dispute centered on plaintiff's desire to obtain a get—a divorce recognized under Jewish religious law through a process known as a beis din proceeding.  Before a verdict was reached in the Family Part divorce trial, the parties reached an agreement on all issues, including each party's obligations with respect to participation in beis din proceedings.

The court rejects defendant's argument that the Family Part judge violated his First Amendment rights by ordering him to participate in beis din proceedings and to sign an arbitration agreement with the beis din.  The court acknowledges the fundamental principle that civil courts may not become entangled in religious proceedings.  The First Amendment's Establishment Clause bars a state from placing its support behind a religious belief, while the Free Exercise Clause bars a state from interfering with the practice of religion.  U.S. Const. amend. I.  The court concludes the Family Part judge was asked to enforce a civil contract, not a religious one.  The court holds the MSA is a legally binding contract based on ample consideration from both parties and entered into knowingly and voluntarily.  The Family Part judge therefore had the lawful authority to enforce the agreement as written.

New Jersey Supreme Court precedent permits civil courts to resolve controversies involving religious groups if resolution can be achieved by reference to neutral principles of law and does not require the interpretation of religious doctrine.  Defendant agreed in the MSA to abide by the beis din ruling, whatever that might be.  The Family Part judge did not interpret religious doctrine and scrupulously avoided entanglement with religion because the judge applied well-established principles of civil contract law, not rabbinical law.  The latter body of law remained solely within the province of the beis din and was not interpreted or applied by the Family Part judge.

The court concludes that the orders defendant challenges served the secular purpose of enforcing the parties' contractual obligations under the MSA, which in turn serves the secular purpose of encouraging divorce litigants to resolve their disputes by negotiating and entering an MSA.

In a criminal jury trial, there is a presumption that foreign language interpretation services will be provided in person, which is consistent with the New Jersey Judiciary’s longstanding practice. The Court sets forth guidelines and factors to assist trial courts in deciding whether VRI should be used during criminal jury trials, and it remands the matter for the trial court to reconsider whether VRI is appropriate in the current case after assessing those factors.

The “religious tenets” exception of N.J.S.A. 10:5-12(a) -- “it shall not be an unlawful employment practice” for a religious entity to follow the tenets of its faith “in establishing and utilizing criteria for employment” -- is an affirmative defense available to a religious entity when confronted with a claim of employment discrimination. Here, it is uncontroverted that St. Theresa’s followed the religious tenets of the Catholic Church in terminating Crisitello. St. Theresa’s was therefore entitled to summary judgment and the dismissal of the complaint with prejudice.

In May 2019, defendants were found in possession of two loaded handguns while driving a car on public roads.  Neither defendant had a permit to carry a handgun.  Both defendants were indicted for second-degree unlawful possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5(b)(1).  Following the United States Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. ___, 142 S. Ct. 2111 (2022), defendants moved to dismiss those criminal charges, arguing that the version of the gun-carry permit statute in effect at the time of their arrest, N.J.S.A. 2C:58-4 (2018), was facially unconstitutional under Bruen.  The trial court agreed and dismissed the charges.  This court granted the State leave to appeal the order.

The court holds that defendants did not have standing to challenge the gun permit statutes because neither defendant had applied for a handgun-carry permit. Nevertheless, the court addresses the merits of the constitutional challenge and holds that the justifiable need requirement in N.J.S.A. 2C:58-4(c) (2018) was severable and the remaining provisions of N.J.S.A. 2C:58-4 (2018), as well as N.J.S.A. 2C:39-5(b)(1), were constitutional and enforceable.  Accordingly, the court reverses the order dismissing the charges and remands with direction that the trial court reinstate both counts of unlawful possession of a handgun without a permit.

The definition of “medical facility” under N.J.S.A. 59:6-1 does not restrict the substantive immunities granted in N.J.S.A. 59:6-4, -5, or -6, which are also not “superseded in the jail suicide context.” However, there was evidence presented in this case, both at the summary judgment stage and at trial, that falls outside of any immunities granted by N.J.S.A. 59:6-4, -5, and -6. The jury could reasonably have concluded from that evidence that the County defendants were negligent. The trial court was therefore correct to refuse to dismiss plaintiff’s negligence count at the summary judgment stage and to refuse to overturn the jury’s verdict after trial. The Court accordingly affirms the judgment of the Appellate Division, as modified.

         Plaintiff, who is incarcerated at a federal prison located in New Jersey, wants to marry someone who is incarcerated at a federal prison located in a different state.  He sued the New Hanover Township Municipal Clerk and Registrar, claiming she had violated his civil rights contrary to the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, by applying the requirement in N.J.S.A. 37:1-7 and -8 that couples appear in person to obtain a marriage license.  He appeals an order denying his motion for a preliminary injunction and granting defendant's cross-motion to dismiss the complaint.  He argues the enforcement of the in-person requirement was unconstitutional and contends the motion judge should have used his equitable powers to enjoin enforcement of the requirement. 

         The court rejects both arguments.  The court holds the statutes at issue do not create an unconstitutional bar of a prisoner's right to marry but instead apply to individuals who want to marry and are reasonably related to the legitimate goal of ensuring the validity of marriages.  The court also holds the motion judge could not have used his equitable powers to enjoin defendant's enforcement of the statutory in-person requirement.  Accordingly, the court affirms the dismissal of plaintiff's complaint and the denial of plaintiff's motion for a preliminary injunction.

The trial court did not abuse its discretion in finding manifest necessity justified a mistrial here. As the Appellate Division held, the State can present the counts of aggravated manslaughter and death by auto to a new grand jury based solely on the reckless driving evidence, without any evidence on intoxication.

In this appeal from an order denying defendant's motion to suppress evidence seized following the 5:00 a.m. execution of a knock-and-announce search warrant at a residence, the court finds the law enforcement officers did not wait a reasonable period after knocking and announcing their presence before forcibly breaching and entering the home's front door.  The court determines that based on the circumstances presented, the officers' forcible entry into the home after waiting less than five seconds after after knocking and announcing their presence was unreasonable and rendered the subsequent search of the home and seizure of evidence unconstitutional.  The court determines the exclusionary rule requires suppression of the evidence, reverses the order denying the suppression motion, and remands for further proceedings.

A movant need not present evidence on all of the cohabitation factors set forth in Konzelman v. Konzelman, 158 N.J. 185, 202 (1999) -- or in N.J.S.A. 2A:34-23(n), for cases in which the PSA was executed after the statute’s enactment -- to make a prima facie showing. If the movant’s certification addresses some of the relevant factors and is supported by competent evidence, and if that evidence would warrant a finding of cohabitation if unrebutted, the trial court should find that the movant has presented prima facie evidence of cohabitation and should grant limited discovery tailored to the issues contested in the motion, subject to any protective order necessary to safeguard confidential information. Here, defendant presented prima facie evidence as to several of the Konzelman cohabitation factors, and that evidence, if unrebutted, would warrant a finding of cohabitation. Defendant was therefore entitled to limited discovery.

The bribery statute applies to any “person” who accepts an improper benefit -- incumbents, candidates who win, and candidates who lose. N.J.S.A. 2C:27-2. The statute also expressly states that it is no defense to a prosecution if a person “was not qualified to act.” Ibid. So even if a candidate is unable to follow through on a corrupt promise, the language of the bribery statute makes it a crime to accept cash payments for a promise of future performance. The bribery statute’s history, relevant caselaw, and commentary from the Model Penal Code, on which the statute is modeled, confirm that the law extends to candidates.

The question presented to the trial court was whether the immunity statute relating to DCPP referrals found at N.J.S.A. 9:6-8.13 confers immunity to DCPP referrals made with the intent to harass a victim of domestic violence as defined under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35. There was no prior precedent resolving this issue. In harmonizing the two statutes, the trial court found that it would be contrary to legislative intent to confer immunity in the realm of domestic violence as that would permit the weaponization of DCPP referrals as a means of perpetrating domestic violence.

This matter arose out of an application for a final restraining order under the Prevention of Domestic Violence Act. At the conclusion of the trial, the only predicate act surviving was the act of calling DCPP to report allegations of abuse in order to harass the victim. The trial court noted that the Legislature intended to protect children as the primary purpose in enacting the immunity statute regarding DCPP referrals. Additionally, N.J.S.A. 2C:25-18 expressly provides that children can suffer emotionally from the exposure to domestic violence, and that children may also be a victim of domestic violence. Thus, the trial court concluded that the application of the DCPP immunity statute to allegations of harassment under the Prevention of Domestic Violence Acts fails as a matter of law under the doctrine of absurdity. Even though the trial court found that the defendant committed the predicate act of harassment by making reports to DCPP, the trial court ultimately found that the plaintiff failed to satisfy the second prong of Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), and denied the application for a final restraining order.

          On February 23, 2017, the New Jersey Department of Environmental Protection (DEP) issued a flood hazard area applicability determination (FHA Determination) to Hampton Farm, LLC (Hampton Farm).  Shortly thereafter, appellant Musconetcong Watershed Association (MW Association) requested the DEP to conduct an adjudicatory hearing so it could challenge the FHA Determination.  Four years later, on April 6, 2021, the DEP denied that request.  MW Association timely appealed from the April 6, 2021 decision.  It also sought leave to appeal from the February 23, 2017 FHA Determination, contending it had become final when the DEP denied MW Association's request for a hearing.  On an interlocutory motion, a two-judge panel of the court denied leave.  The court now reconsiders, reverses that interlocutory ruling, and grants leave to appeal.

          The court holds that the DEP's FHA Determination became a final agency decision subject to appeal when the DEP denied MW Association's request for an adjudicatory hearing to challenge the FHA Determination.  At that time, all administrative remedies were exhausted.  To address the DEP's four-year time delay in deciding MW Association's request for an adjudicatory hearing, the court holds that any party, including a third-party objector, has the right to petition the DEP to rule on a pending request for an adjudicatory hearing under N.J.A.C. 1:1-4.1(a).  The DEP will then have thirty days from receipt of the petition to "inform all parties of its determination" regarding that request.  N.J.A.C. 1:1-4.1(a).

          The court also holds that MW Association did not have a right to an adjudicatory hearing because no statute conferred that right to MW Association, which is a third-party objector, and MW Association did not have a particularized property interest warranting a hearing.  Accordingly, the court affirms the April 6, 2021 final agency decision.

          Finally, because the court has reversed the ruling on the interlocutory motion, the DEP has two options concerning its FHA Determination.  It can either (1) elect to address MW Association's challenges to its February 23, 2017 FHA Determination and a new briefing schedule will be issued; or (2) request a remand so it can expand and update the factual findings supporting its FHA Determination. 

The Parole Board cannot mandate participation in an RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to impose parole conditions on adult inmates who have been administratively released under the EYWO Act, an RTP is not among the conditions that can be imposed in that setting.

The Court disagrees with the Appellate Division’s conclusion that the trial court should have excluded all the detective’s narration of the surveillance video. The trial court properly permitted the detective to testify about the manner in which he used the surveillance video to guide his investigation. Applying principles stated today in State v. Watson, _ N.J. _ (2023) (slip op. at 46-60), the detective’s testimony opining that the video showed defendant turning and firing his weapon should have been excluded from evidence. However, that error was harmless given the strength of the State’s evidence.

     Plaintiff, who had been terminated from his position as assistant commissioner for the Department of Health, filed a complaint against the State, alleging a claim under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8.  In his second amended complaint, plaintiff asserted a defamation claim against Governor Philip D. Murphy.  A Law Division judge granted defendants' motion to dismiss the defamation claim, concluding plaintiff had not pleaded the element of actual malice with sufficient specificity.  
     In his fourth amended complaint, plaintiff again asserted a defamation claim against Governor Murphy, referencing in particular statements made during May 29, 2020 and June 1, 2020 press briefings.  Defendants moved to dismiss the defamation claim pursuant to Rule 4:6-2(e).  The judge denied the motion, concluding plaintiff had pleaded sufficient facts in the fourth amended complaint to demonstrate actual malice.  
     The court reversed, concluding the judge had misapplied the actual-malice standard.  After conducting a de novo review, the court held plaintiff's conclusory allegations did not meet the actual-malice standard and, as a result, plaintiff's defamation claim failed.  Reversing the denial of defendants' motion to dismiss, the court remanded the case with a direction that the judge enter an order dismissing the defamation claim.