New Jersey Case Commentaries

Enforceability of Arbitration Agreements under NJAA When Exempt from FAA

Date: Jul 15, 2020

Enforceability of Arbitration Agreements under NJAA When Exempt from FAA Introduction In the landmark case Essam Arafa v. Health Express Corporation and Gloria Colon v. Strategic Delivery Solutions,...

New Jersey Supreme Court Establishes Enhanced Protections for Defendant's Right to Confront Adverse Witnesses in Plea Deal Scenarios

Date: Jul 3, 2020

New Jersey Supreme Court Establishes Enhanced Protections for Defendant's Right to Confront Adverse Witnesses in Plea Deal Scenarios Introduction In the landmark case State of New Jersey v. Michael...

Enforcement of Lost Promissory Notes by Assignees under New Jersey Statutes

Date: Jul 2, 2020

Enforcement of Lost Promissory Notes by Assignees under New Jersey Statutes Introduction The case of Investors Bank v. Torres, reported in (243 N.J. 25), represents a pivotal moment in New Jersey's...

Establishing Intrusion Upon Seclusion: Evidence Beyond Direct Recording in New Jersey

Date: Jun 17, 2020

Establishing Intrusion Upon Seclusion: Evidence Beyond Direct Recording in New Jersey Introduction The case of Jaime Friedman et al. v. Teodoro Martinez et al. before the Supreme Court of New Jersey...

New Precedent on Retroactivity of Juvenile Waiver Statutes in New Jersey

Date: Jun 12, 2020

New Precedent on Retroactivity of Juvenile Waiver Statutes in New Jersey Introduction The case of State of New Jersey v. J.V. (242 N.J. 432) addresses a pivotal question in juvenile justice law:...

State of New Jersey v. Medina: Reaffirming Limits on Officer Testimony in Identification Procedures

Date: Jun 10, 2020

State of New Jersey v. Medina: Reaffirming Limits on Officer Testimony in Identification Procedures 1. Introduction In State of New Jersey v. Jose Medina, the Supreme Court of New Jersey addressed...

Establishing Due Process Protections for Emergency Inmate Releases in New Jersey Prisons

Date: Jun 6, 2020

Establishing Due Process Protections for Emergency Inmate Releases in New Jersey Prisons Introduction In response to the unprecedented challenges posed by the COVID-19 pandemic, the Supreme Court of...

Jurisdictional Insights: Substantial Steps in Criminal Attempt under N.J.S.A. 2C:5-1

Date: May 14, 2020

Jurisdictional Insights: Substantial Steps in Criminal Attempt under N.J.S.A. 2C:5-1 Introduction State of New Jersey v. Quashawn K. Jones is a landmark decision by the Supreme Court of New Jersey,...

Admissibility of Third-Party Guilt Evidence in Sexual Assault Cases: NJ Supreme Court Sets Precedent

Date: May 7, 2020

Admissibility of Third-Party Guilt Evidence in Sexual Assault Cases: NJ Supreme Court Sets Precedent 1. Introduction The case of State of New Jersey v. R.Y. (242 N.J. 48) addresses critical issues...

Cowley v. Virtua Health System: Reinforcing the Necessity of Affidavits of Merit in Complex Medical Malpractice Cases

Date: May 5, 2020

Cowley v. Virtua Health System: Reinforcing the Necessity of Affidavits of Merit in Complex Medical Malpractice Cases Introduction Cowley v. Virtua Health System is a landmark case adjudicated by the...

Cliffside Park v. Barila: Supreme Court Reinterprets Vested Rights in Collective Bargaining Agreements

Date: Apr 21, 2020

Cliffside Park v. Barila: Supreme Court Reinterprets Vested Rights in Collective Bargaining Agreements Introduction The case of Paul Barila, William J. Ludwig, Candace R. Kantor, and Dennis Enrico v....

Supreme Court Rules TCA Applies to Public Defender Malpractice Claims, Enforces Verbal Threshold on Loss of Liberty Damages

Date: Apr 16, 2020

Supreme Court Rules TCA Applies to Public Defender Malpractice Claims, Enforces Verbal Threshold on Loss of Liberty Damages Introduction In the landmark case of Antonio Chaparro Nie v. s, a/k/a...

Prosecutorial Discretion and Lesser-Included Offense Instructions in Grand Jury Proceedings: Analysis of State v. Bell

Date: Apr 15, 2020

Prosecutorial Discretion and Lesser-Included Offense Instructions in Grand Jury Proceedings: Analysis of State of New Jersey v. Isaiah Bell Introduction State of New Jersey v. Isaiah Bell, decided on...

State v. Trinidad: Balancing Lay Opinion Testimony and Prejudicial Evidence under N.J.R.E. 701 and 403

Date: Mar 19, 2020

State v. Trinidad: Balancing Lay Opinion Testimony and Prejudicial Evidence under N.J.R.E. 701 and 403 Introduction In State of New Jersey v. Orlando Trinidad, 241 N.J. 425 (2020), the Supreme Court...

Termination of Sex Offender Registration Under N.J.S.A. 2C:7-2(f): A Landmark Interpretation

Date: Mar 18, 2020

Termination of Sex Offender Registration Under N.J.S.A. 2C:7-2(f): A Landmark Interpretation Introduction The Supreme Court of New Jersey's decision in In the Matter of Registrant H.D. In the Matter...

New Jersey Supreme Court Reinforces Diminution of Value Requirement for Restoration Cost Damages in Trespass Cases

Date: Mar 12, 2020

New Jersey Supreme Court Reinforces Diminution of Value Requirement for Restoration Cost Damages in Trespass Cases Introduction In the case of Joseph Kornbleuth, DMD, and Donna Kornbleuth v. Thomas...

Recognizing Tenure Eligibility in Alternative Education Programs: A New Precedent in New Jersey

Date: Jan 31, 2020

Recognizing Tenure Eligibility in Alternative Education Programs: A New Precedent in New Jersey Introduction The Supreme Court of New Jersey delivered a landmark decision in the case of Paula Melnyk...

Establishing New Ethical Standards for Attorney Fee Arrangements in Fee-Shifting Cases: Balducci v. Cige

Date: Jan 30, 2020

Establishing New Ethical Standards for Attorney Fee Arrangements in Fee-Shifting Cases: Balducci v. Cige Introduction In the landmark case of Lisa Balducci v. Brian M. Cige, the Supreme Court of New...

Affirming the Need for Reasonable Suspicion in Investigatory Traffic Stops: State of NJ v. Alessi

Date: Jan 28, 2020

Affirming the Need for Reasonable Suspicion in Investigatory Traffic Stops: State of NJ v. Alessi Introduction In the landmark case State of New Jersey v. Donna M. Alessi, the Supreme Court of New...

Landlord's Non-Delegable Duty to Maintain Driveways in Commercial Leases: A Comprehensive Analysis of Baldwin Shields v. Ramslee Motors

Date: Jan 24, 2020

Landlord's Non-Delegable Duty to Maintain Driveways in Commercial Leases: A Comprehensive Analysis of Baldwin Shields v. Ramslee Motors Introduction The case of Baldwin Shields and Tricia Shields v....