NJSBA Daily Briefing: 11/13/2026

NJSBA Daily Briefing
This is the web archive of the New Jersey State Bar Association’s Daily Briefing email, sent to members on the morning of Friday, November 13, 2026.
 
 
New Jersey State Bar Association

The Daily Briefing is an exclusive New Jersey State Bar Association member benefit

 

 

November 13, 2026

 

 
E-Bikes and Ubers (I423226) - 11/18/26
 
 

Legal News

 

Read this week's Capitol Report for coverage of the NJSBA's testimony on legislation that would revise New Jersey state agency rulemaking procedures to enhance transparency, expand public participation and improve access to information used in developing regulations. The report also tracks movement on several state bills focused on increasing transparency in data center development and placing limits on the use of artificial intelligence. View the full report .

 

Quest Diagnostics paid over $13 million to resolve allegations that it provided health care providers and executives illegal kickbacks in the form of New York Giants tickets and access to exclusive events, according to the U.S. Attorney’s Office of New Jersey. Read the Gothamist article .

 

It’s that time of year again when individuals and families evaluate their health insurance options and choose the coverage that best meets their needs. Chris Sloane, an account executive with My Benefit Advisor, an affiliate of USI Affinity, about the ongoing healthcare open enrollment season. USI Affinity experts will also present a exploring your coverage options and make informed decisions about what works best for you, your family and your firm in the year ahead.

 

Judge Richard A. Posner was the most-cited legal scholar of the latter half of the 20th century and an unapologetic iconoclast, favoring pragmatism over judicial tradition. He was 87. Access the New York Times article via a gift link .

 

Join this NJSBA Special Committee for updates on the latest case law and regulations impacting attorneys in aviation law practice. Fill out the form and discover the NJSBA’s wide range of Special Committees for every practice area.

 
Representing Nonprofits and Tax-Exempt Organizations (I069226) - 12/15/26
 
 
20th Annual Criminal Law Institute
 
 

Supreme Court, Appellate and Third Circuit Decision Summaries

 

Click on any decision below to get the full opinion – November 12, 2026.

 

APPROVED FOR PUBLICATION

 

New Jersey Appellate Division

 

Criminal – Miranda Rights

– In this interlocutory matter, the Appellate Division granted the state leave to appeal from a Law Division order denying the state's motion to admit the defendant's Mirandized statements to law enforcement. After arresting the defendant, but prior to issuing Miranda warnings, police advised the defendant he was charged in complaint-warrants with multiple sexual assaults and related offenses against four victims in three municipalities. The Appellate Division agreed with the motion judge's determination, by apprising the defendant of the charges contained in the complaint-warrants, police complied with the Supreme Court's requirements in State v. A.G.D., 178 N.J. 56, 68-69 (2003). But the Appellate Division parted company with the motion judge's conclusion, by withholding the alleged victim's identities and time periods of the assault, police failed to disclose the "essence of the charges" under State v. Vincenty, 237 N.J. 122, 134 (2017). Because police advised the defendant of his status as an arrestee and specifically advised he was charged with multiple sexual assault and related offenses before issuing Miranda warnings, the panel concluded police were not required to disclose the underlying factual details of the charged conduct, including the number of victims and time frames of the offenses. The Appellate Division further concluded, under the totality of the circumstances, the defendant knowingly, voluntarily, and intelligently waived his Miranda rights, and his statements were volunteered.

 

NOT APPROVED FOR PUBLICATION

 

New Jersey Appellate Division

 

Criminal – Post-Conviction Relief

– The defendant Earl Barley appealed from the Law Division order denying his petition for post-conviction relief without an evidentiary hearing. The defendant is serving a 10-year prison sentence for drug and weapons possession. The Appellate Division affirmed the lower court.

 

Criminal – Weapons Convictions

– The defendant appealed his 10-year prison sentence and convictions for unlawful weapons and ammunition possession. The Appellate Division affirmed the defendant's convictions for unlawful possession of a weapon, hollow point bullets, and a large capacity ammunition magazine. However, the panel vacated the defendant's certain persons conviction and remanded for a new trial.

 

Criminal – Pretrial Intervention

– Pursuant to Rule 2:2-3(b)(1), the state appealed from an order admitting the defendant into the pretrial intervention program over its objection. The Appellate Division reversed the lower court and remanded for further proceedings.

 

Civil – Medical Malpractice/Attorney Disqualification

– The Appellate Division granted the plaintiff Selena Navarro leave to appeal from a Law Division order denying her motion to disqualify the law firm Hall Booth Smith, P.C. and Nichole Hair, Esq. from representing the defendants Prime Healthcare Services–St. Mary's Passaic, LLC d/b/a St. Mary's General Hospital, Prime Healthcare Services, Inc., Gabin, R.N., Manuel Martins, R.N. and Aira Vinas, R.N. The Appellate Division affirmed the lower court.

 

Civil – Personal Injury

– The plaintiff J.O., by her guardian ad litem, appeals from a Law Division order granting summary judgment to the defendant City of Vineland and dismissing her personal injury claims pursuant to the Tort Claims Act. The plaintiff, then 11-years-old, suffered an ankle fracture while using a swing at a local park when the swing seat detached from its metal chain. The Appellate Division affirmed the lower court.

 

Civil – Product Liability

– The plaintiff the Estate of Rene Melendez through its general administrator and administrator, ad prosequendum, Janine Melendez, appealed from an order granting summary judgment to the defendant Ford Motor Company and dismissing the plaintiff's design-defect and failure-to-warn claims. The plaintiff alleged that defects in a Ford cargo van contributed to the driver's death after a crash caused cargo to breach the passenger compartment. The Appellate Division affirmed the dismissal of the design-defect claim, vacated the order granting summary judgment on the failure-to-warn claim, and remanded.

 

Civil – OPRA

– The plaintiff Hossein Ameri appealed from an order denying his request for a declaration that the defendant City of Paterson was in violation of the Open Public Records Act and for attorneys' fees. The Appellate Division vacated the order and remanded for the following reasons.

 

Administrative – Medicaid Eligibility

– The petitioner H.K. appealed from a final agency decision of the New Jersey Division of Medical Assistance and Health Services, which adopted an Administrative Law Judge's initial decision affirming the Middlesex County Board of Social Services' denial of the petitioner's Medicaid application. The Appellate Division affirmed the lower court.

 

 
NJSBA Virtual Fall Conference 2026
 
 
 

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