Mary Brennan, Plaintiff-Respondent v. Joseph S. Orban, Jr., Defendant-Appellant; Mary Kathryn Brennan…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's order that a marital tort claim may be tried by a civil jury when the public policy interest in vindicating domestic violence outweighs other matters, granting the Family Part judge discretion to order a jury trial or retain jurisdiction without a jury. Justice Stein, concurring in part and dissenting in part, argued that the discretion is too broad and that all victims of marital torts should be entitled to a jury trial.