Dillon McGuire Quoted in Law360, “New Jersey Cases Attorneys Are Watching in 2024”
Dillon McGuire, partner in the firm’s Criminal Defense, Governmental & Internal Investigations, and Securities Regulatory Enforcement & Litigation practice groups, was recently quoted in a Law360 article titled, “New Jersey Cases Attorneys Are Watching in 2024.” The article discusses three important news cases for New Jersey attorneys to keep their eyes on in 2024, including one regarding Jersey City fighting the Garden State's cannabis legalization law, arguing that it conflicts with federal gun control legislation.
Jersey City has been fighting the CREAMM Act since October, when it filed its complaint arguing that its police officers cannot use marijuana while off duty because federal law prevents those with firearms from using certain controlled substances. Dillon McGuire, who is not involved in the case, told Law360 that Jersey City's challenge is reminiscent of an already decided workers' compensation case, Hager v. M&K Construction, in which a construction company argued it should not have to pay for an injured employee's medical marijuana costs because of federal law outlawing marijuana.
That dispute was ultimately decided by the New Jersey Supreme Court, who rejected the construction company's arguments. McGuire said Jersey City's decision to go to federal court rather than a state court for its own claims was "intentional and strategic."
"In Hagar, the New Jersey Supreme Court squarely rejected the employer's argument that its compliance with New Jersey cannabis laws would constitute a 'forced violation of federal law’. This unsuccessful argument is nearly identical to Jersey City's assertions in this case. It will certainly be interesting to see how the district court comes down on the conflict arguments, and whether it ultimately decides this case differently than the Hagar court," said McGuire.
To read the full Law360 article, click here.
