F.K. v. Integrity House, Inc., ___ N.J. Super. ___ (App. Div. 2019). This charitable immunity case centered on how much in charitable contributions (as opposed to, say, government support) defendant received. In order to satisfy the three-pronged test for charitable immunity, the second prong of which (the only one at issue on this appeal) requires that an entity be “organized exclusively for religious, charitable or educational purposes,” it was necessary for defendant, a drug treatment facility, to show a charitable purpose. To do that, the percentage of its funds that came...

G.A.-H. v. K.G.G., ___ N.J. ___ (2019). As noted here, the Supreme Court granted review in this case to address this issue: “Is an individual subject to tort liability for purportedly failing to alert a victim or alert authorities that a co-worker has engaged in the sexual abuse of a minor, under the circumstances presented?” The Appellate Division’s opinion, reported at 455 N.J. Super. 294 (App. Div. 2018), and discussed here, raised that provocative issue, but found the record insufficient to decide it. Today, the Supreme Court found that the facts were such that no...

S.L.W. v. New Jersey Div. of Pensions & Benefits, ___ N.J. ___ (2019). The statute governing the police and firemen’s retirement system (“PFRS”) makes children and widowed spouses of police and firefighters who die after retirement eligible to receive survivor benefits. In this case, an adult woman with disabilities, S.L.W., sought to obtain such benefits after her father, a career law enforcement officer, died in retirement. The issue in Justice Timpone’s decision in this case today was whether S.L.W. qualified as a “child” under the statute. The...