7 results for 'judge:"Solomon "'.
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: Fraud, Consumer Law, Class Action
J. Solomon finds that the appellate division improperly vacated an arbitration decision entered against a teacher in claims contending she fell down a staircase. Security footage caught the teacher placing a piece of paper on the floor, and state law neither limits nor addresses penalties that may be imposed by an arbitrator. Here, the arbitrator did not exceed his powers by demoting the teacher. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: February 12, 2024, Case #: A-45-22, Categories: Arbitration, Employment
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: Drug Offender, Search, Weapons
J. Solomon finds that the appellate division should have allowed the prosecution to admit defendant's statements in her trial on assault by auto charges brought after she drove into two police cruisers and a police officer. While being held in custody at the hospital, defendant said she "only had two shots prior to the crash," at which point she had not been subjected to custodial interrogation. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: November 20, 2023, Case #: A-36-22, Categories: Miranda, Assault, Dui
J. Solomon finds that the appellate division improperly ruled against a Catholic school accused of firing an art teacher and toddler room caregiver for getting pregnant while unmarried because the school was following church prohibitions on premarital sex, which is protected under an exception in state employment law, even if other employees had not been surveyed for transgressions against the faith.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: August 14, 2023, Case #: A-63-20, Categories: Constitution, Employment
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[Consolidated.] J. Solomon finds that the appellate division properly admitted evidence regarding the marketing of pelvic mesh medical devices that allegedly caused plaintiff's injuries. Such evidence generally is inadmissible, but negligence claims in the instant action are premised on whether the manufacturer performed clinical trials or studies, which opened the door to the evidence at issue. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: July 25, 2023, Case #: A-21-21, Categories: Evidence, Product Liability
J. Solomon finds that the appellate division improperly suppressed statements defendant made to police in his trial for raping and murdering an 11-year-old girl. While police originally kept defendant in a separate room before reading him his Miranda rights, they moved defendant to an interview room and administered Miranda warnings after a witness identified him as the perpetrator. Meanwhile, defendant did not appear distressed or agitated before beginning his second interview. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: June 21, 2023, Case #: A-16-22, Categories: Miranda, Murder