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  • Commentaries
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New Jersey Case Commentaries

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Date: Jul 10, 2025
Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption Commentary on Gerald Fazio Jr. v. Altice USA, 256 N.J. ___ (2025) 1. Introduction...
“Visual-Compactness” over Algorithms:  The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

“Visual-Compactness” over Algorithms: The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

Date: Jun 20, 2025
“Visual-Compactness” over Algorithms: Supreme Court Clarifies the Municipal Ward Law in Jersey City United Against the New Ward Map v. Jersey City Ward Commission 1. Introduction Following Jersey...
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

Date: Jun 18, 2025
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld Introduction In Charles Kratovil v. City of New Brunswick, the Supreme Court of...
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

Date: Jun 18, 2025
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports 1. Introduction In In Re the Matter Concerning the State Grand Jury (A-15-24,...
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Date: May 28, 2025
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference Introduction The Supreme Court of New Jersey’s decision in M.A. v. J.H.M. (2025) addresses a critical...
Permissible Use of Competitor Names in Attorney Keyword Advertising with Mandatory Disclaimer

Permissible Use of Competitor Names in Attorney Keyword Advertising with Mandatory Disclaimer

Date: May 23, 2025
Permissible Use of Competitor Names in Attorney Keyword Advertising with Mandatory Disclaimer Introduction In In Re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics, 260...
Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute

Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute

Date: May 8, 2025
Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute Introduction Borough of Englewood Cliffs v. Thomas J. Trautner (Supreme Court of New Jersey, decided May...
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Date: May 7, 2025
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense 1. Introduction The Supreme Court of New Jersey’s decision in State v. John T. Bragg (May 6, 2025) addresses a pivotal...
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Date: May 6, 2025
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding Introduction In In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract...
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

Date: Apr 8, 2025
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA Introduction In Re Appeal of the New Jersey Department of Environmental Protection’s...
Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA

Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA

Date: Apr 2, 2025
Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA Introduction Laurence J. Rappaport v. Kenneth Pasternak is a landmark New Jersey...
Commissions as Wages: Redefining Payment Structures under the Wage Payment Law

Commissions as Wages: Redefining Payment Structures under the Wage Payment Law

Date: Mar 24, 2025
Commissions as Wages: Redefining Payment Structures under the Wage Payment Law Introduction The case of Rosalyn Musker, Plaintiff-Appellant, v. Suuchi, Inc., Suuchi Ramesh, and Mark Herman,...
New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL

New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL

Date: Mar 14, 2025
New Precedent on Fault Allocation: Jurisdictional Limits and Contribution Rights for Out-of-State Tortfeasors under the CNA and JTCL Introduction In a groundbreaking decision by the New Jersey...
New Judicial Precedent: Removal for Egregious Sexual Misconduct and Breach of Public Trust

New Judicial Precedent: Removal for Egregious Sexual Misconduct and Breach of Public Trust

Date: Mar 13, 2025
New Judicial Precedent: Removal for Egregious Sexual Misconduct and Breach of Public Trust Introduction This commentary examines the Supreme Court of New Jersey's Judgment in the matter concerning...
Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees

Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees

Date: Feb 20, 2025
Certified Attorney Referral Fee Expansion: New Jersey’s New Precedent on Out-of-State Referral Fees Introduction The Supreme Court of New Jersey’s recent decision in In re Opinion No. 745 of the...
New Jersey Supreme Court Establishes Limits on Personal Jurisdiction Over Religious Institutions

New Jersey Supreme Court Establishes Limits on Personal Jurisdiction Over Religious Institutions

Date: Feb 11, 2025
New Jersey Supreme Court Establishes Limits on Personal Jurisdiction Over Religious Institutions Introduction The Supreme Court of New Jersey, in the case of D.T. v. Archdiocese of Philadelphia and...
Federal Supremacy in Pay-on-Death Beneficiary Designations: In the Matter of the Estate of Michael D. Jones

Federal Supremacy in Pay-on-Death Beneficiary Designations: In the Matter of the Estate of Michael D. Jones

Date: Feb 1, 2025
Federal Supremacy in Pay-on-Death Beneficiary Designations: In the Matter of the Estate of Michael D. Jones Introduction The Supreme Court of New Jersey's decision in In the Matter of the Estate of...
Supreme Court of New Jersey Establishes New Precedent on OPRA Access to Body Worn Camera Footage in Fuster v. Township of Chatham

Supreme Court of New Jersey Establishes New Precedent on OPRA Access to Body Worn Camera Footage in Fuster v. Township of Chatham

Date: Jan 25, 2025
Supreme Court of New Jersey Establishes New Precedent on OPRA Access to Body Worn Camera Footage in Fuster v. Township of Chatham Introduction In the landmark case of Antonio Fuster and Brianna...
Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey

Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey

Date: Jan 23, 2025
Sufficient Affidavit of Merit in Multi-Specialty Medical Malpractice Cases: New Precedent in New Jersey Introduction The case of Earneka Wiggins and Lynda Myers v. Hackensack Meridian Health et al....
Establishing the Threshold for Extraordinary Aggravating Factors in Compassionate Release: NJ Supreme Court Decision in State v. Celestine Payne

Establishing the Threshold for Extraordinary Aggravating Factors in Compassionate Release: NJ Supreme Court Decision in State v. Celestine Payne

Date: Jan 19, 2025
Establishing the Threshold for Extraordinary Aggravating Factors in Compassionate Release: NJ Supreme Court Decision in State v. Celestine Payne Introduction The case of State of New Jersey v....
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