In a recent piece about New Jersey’s (“NJ”) Daniel’s Law, we discussed an order issued by the United States Court of Appeals for the Third Circuit (“Third Circuit”) requesting that NJ’s highest court consider two questions prior to the Third Circuit determining whether NJ’s Daniel’s Law is constitutional. A little over a month after the Third Circuit issued this order, NJ’s Supreme Court has agreed to consider the Third Circuit’s certified questions.
Does NJ’s Daniel’s Law Require a Mental State? NJ’s Supreme Court to Consider
Followers of this blog know that we have been closely monitoring developments with NJ’s Daniel’s Law. As background, earlier this year, Atlas Data Privacy Corporation (“Atlas”) filed hundreds of lawsuits against various companies. Many of these companies challenged the constitutionality of NJ’s Daniel’s Law and appealed to the Third Circuit after the district court’s ruling upheld NJ’s Daniel’s Law’s constitutionality. For several months, the Third Circuit has been contemplating whether NJ’s Daniel’s Law can survive constitutionality challenges. Before rendering a decision, the Third Circuit requested that NJ’s Supreme Court opine on the following questions: (1) does Daniel’s Law require a mental state for liability under any of Daniel’s Law elements?; and (2) if the answer is yes, then what level of mental state is required to satisfy each element? Recently, NJ’s Supreme Court agreed to evaluate and rule on the Third Circuit’s certified questions.
What’s Next for NJ’s Daniel’s Law?
Having accepted the Third Circuit’s certified questions, NJ’s Supreme Court is expected to issue a scheduling order for the parties to submit briefs specifically addressing the NJ Daniel’s Law questions raised by the Third Circuit. It remains to be seen whether NJ’s Daniel’s Law will survive these constitutionality challenges, but the outcome will become clearer after the NJ Supreme Court answers the Third Circuit’s questions. We will continue to stay abreast of any NJ Daniel’s Law developments. As such, readers can anticipate a follow-up piece after NJ’s Supreme Court issues its opinion.
The attorneys at Klein Moynihan Turco (“KMT”) have been at the forefront in considering Daniel’s Law claims which target companies in the consumer data marketing space. KMT regularly advises clients on compliance with NJ’s Daniel’s Law, similar Daniel’s laws in other jurisdictions, and various other state and federal privacy laws.
If you need assistance with defending a Daniel’s Law lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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