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  • Commentaries
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New Jersey Case Commentaries

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....
Conditions for Maintaining an Appeal After Acceptance of Final Judgment: Brehme v. Irwin and NJM

Conditions for Maintaining an Appeal After Acceptance of Final Judgment: Brehme v. Irwin and NJM

Date: Jan 16, 2025
Conditions for Maintaining an Appeal After Acceptance of Final Judgment: Brehme v. Irwin and NJM Introduction The case of Linda B. Brehme v. Thomas Irwin and New Jersey Manufacturers Insurance...
New Jersey Tax Sale Law Violates Fifth Amendment: Comprehensive Analysis of 257-261 20th Avenue Realty, LLC v. Roberto

New Jersey Tax Sale Law Violates Fifth Amendment: Comprehensive Analysis of 257-261 20th Avenue Realty, LLC v. Roberto

Date: Jan 15, 2025
New Jersey Tax Sale Law Violates Fifth Amendment: Comprehensive Analysis of 257-261 20th Avenue Realty, LLC v. Roberto Introduction In the landmark case of 257-261 20th Avenue Realty, LLC v....
Permitting Slow-Motion Replay of Surveillance Video During Jury Deliberations: New Precedent in State of New Jersey v. Fuquan K. Knight

Permitting Slow-Motion Replay of Surveillance Video During Jury Deliberations: New Precedent in State of New Jersey v. Fuquan K. Knight

Date: Dec 20, 2024
Permitting Slow-Motion Replay of Surveillance Video During Jury Deliberations: New Precedent in State of New Jersey v. Fuquan K. Knight Introduction In the landmark case of State of New Jersey v....
Supreme Court of New Jersey Establishes Limits on Insurer's Duty to Defend in Workers' Compensation-Related Claims

Supreme Court of New Jersey Establishes Limits on Insurer's Duty to Defend in Workers' Compensation-Related Claims

Date: Dec 18, 2024
Supreme Court of New Jersey Establishes Limits on Insurer's Duty to Defend in Workers' Compensation-Related Claims Introduction The case of Dionicio Rodriguez v. Shelbourne Spring, LLC et al....
New Jersey Supreme Court Establishes Limits on Fee Awards in Guardianship Cases

New Jersey Supreme Court Establishes Limits on Fee Awards in Guardianship Cases

Date: Dec 14, 2024
New Jersey Supreme Court Establishes Limits on Fee Awards in Guardianship Cases Introduction In the landmark case In the Matter of A.D., an alleged incapacitated person, the Supreme Court of New...
Highlands Act Exemption Interpretation: "Routine" Limited to Maintenance and Operations

Highlands Act Exemption Interpretation: "Routine" Limited to Maintenance and Operations

Date: Aug 7, 2024
Highlands Act Exemption Interpretation: "Routine" Limited to Maintenance and Operations Introduction The Supreme Court of New Jersey delivered a landmark judgment on August 6, 2024, interpreting a...
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