Recent Posts by Jonathan

Termination of Meghan’s Law Obligations for Juvenile Delinquents

On April 25, 2018, the New Jersey Supreme Court determined in State In Interest Of C.K. that N.J.S.A. 2C:7-2(g)’s lifetime registration and notification requirements for sex offenses (“Meghan’s Law”) unconstitutional as applied to juveniles adjudicated delinquent because the statute violates their substantive due process rights under the New Jersey State Constitution.  Under N.J.S.A. 2C:7-2(f) an...
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Is Your Exculpatory Clause Worth the Paper it’s Written on?

Today, in an unpublished decision, a New Jersey appellate court held that an overbroad exculpatory clause contained in a fitness services agreement was unenforceable. For those who don’t know or who otherwise live under a rock, exculpatory clauses are everywhere. I signed one basically every time my kids went to a birthday party. Businesses use...
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New Jersey Supreme Court Delivers Possible Death-Knell for TCCWNA Class Actions

Since around 2011, New Jersey businesses such as self-storage facilities, fitness centers and furniture stores have faced an ever-growing number of class-action complaints under the Truth in Consumer Contract, Warranty and Notice Act (TCCWNA) seeking statutory penalties of $100 per customer and attorneys’ fees. The typical case demanded that every customer that entered into a...
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DWI & Criminal Liability in Vehicular Homicide

Until recently if an individual in New Jersey drove a motor vehicle while legally intoxicated and caused the death of another he or she would be criminally prosecuted under N.J.S.A. 2C:11-5; Vehicular Homicide. N.J.S.A. 2C:11-5, (now renamed Reckless Vehicular Homicide) criminalizes the act of driving recklessly and causing the death of another. Under this statute, just...
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New Legislation to Protect Transgender Students

It is estimated that there are approximately 14,000 transgender students in New Jersey’s K-12 schools across every county in the state. In July 2017, Governor Chris Christie signed legislation that promotes equality and inclusion towards transgender students in New Jersey Schools. This new law will enhance the New Jersey Law Against Discrimination’s (LAD) prohibition...
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