Legal Opinion · Dissent

Carpet Remnant Warehouse, Inc. v. New Jersey Department of Labor

Supreme Court of New Jersey

Decided August 6, 1991Published

1DissentO’Hern, J.

Only lawyers and judges could complicate something as simple as an “ABC test.” Did you ever go into a carpet store to buy carpet and to have it installed and get the impression that the store guaranteed only the carpet, not a proper installation? And that if the carpet were installed improperly or did not reach the walls or the seams did not match, that the carpet store had no further obligations because the installer was “free from control or direction” over his or her performance and was engaged in an “independently established trade * * * or business?” No one would think that.

*594To me, the…

2Cases cited15 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973
  4. Campbell v. Department of Civil ServiceSupreme Court of New Jersey · 1963
  5. Self v. Board of ReviewSupreme Court of New Jersey · 1982

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