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  • Commentaries
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New Jersey Case Commentaries

Affirmation of Net Opinion Rule in Expert Testimony: Townsend v. Pierre

Affirmation of Net Opinion Rule in Expert Testimony: Townsend v. Pierre

Date: Mar 13, 2015
Affirmation of Net Opinion Rule in Expert Testimony: Townsend v. Pierre Introduction In the landmark case of Townsend v. Pierre, the Supreme Court of New Jersey addressed critical issues surrounding...
Res Judicata Bars Subsequent Bad Faith Claims in First-Party Uninsured Motorist Insurance Actions: Wadeer v. NJM Insurance

Res Judicata Bars Subsequent Bad Faith Claims in First-Party Uninsured Motorist Insurance Actions: Wadeer v. NJM Insurance

Date: Feb 19, 2015
Res Judicata Bars Subsequent Bad Faith Claims in First-Party Uninsured Motorist Insurance Actions: Wadeer v. NJM Insurance Introduction In Kwabena Wadeer and Ofelia Wadeer v. New Jersey Manufacturers...
Affirmation of Fairly Debatable Reasons in Insurance Arbitration: Badiali v. New Jersey Manufacturers Insurance Group

Affirmation of Fairly Debatable Reasons in Insurance Arbitration: Badiali v. New Jersey Manufacturers Insurance Group

Date: Feb 19, 2015
Affirmation of Fairly Debatable Reasons in Insurance Arbitration: Badiali v. New Jersey Manufacturers Insurance Group Introduction The case of Augustine W. Badiali versus New Jersey Manufacturers...
Enhanced Protections for Fresh-Complaint Testimony in Sexual Abuse Cases: Analysis of State v. R.K.

Enhanced Protections for Fresh-Complaint Testimony in Sexual Abuse Cases: Analysis of State v. R.K.

Date: Feb 4, 2015
Enhanced Protections for Fresh-Complaint Testimony in Sexual Abuse Cases: Analysis of State of New Jersey v. R.K. Introduction The case of State of New Jersey v. R.K. (220 N.J. 444) presents a...
Ensuring Adequate Factual Basis for Guilty Pleas: Insights from State v. Gregory

Ensuring Adequate Factual Basis for Guilty Pleas: Insights from State v. Gregory

Date: Feb 3, 2015
Ensuring Adequate Factual Basis for Guilty Pleas: Insights from State v. Gregory Introduction STATE of New Jersey v. Tahir S. Gregory, 220 N.J. 413 (2015), is a landmark case adjudicated by the...
Ensuring Adequate Factual Basis in Guilty Pleas for Child Abuse: State v. Tate

Ensuring Adequate Factual Basis in Guilty Pleas for Child Abuse: State v. Tate

Date: Feb 3, 2015
Ensuring Adequate Factual Basis in Guilty Pleas for Child Abuse: State v. Tate Introduction The Supreme Court of New Jersey, in the landmark case of State of New Jersey v. John Tate, revisited the...
Supreme Court Upholds Environmental Conservation Zoning and Requires Exhaustion of Administrative Remedies in Griepenburg v. Township of Ocean

Supreme Court Upholds Environmental Conservation Zoning and Requires Exhaustion of Administrative Remedies in Griepenburg v. Township of Ocean

Date: Jan 23, 2015
Supreme Court Upholds Environmental Conservation Zoning and Requires Exhaustion of Administrative Remedies in Griepenburg v. Township of Ocean Introduction In Griepenburg v. Township of Ocean,...
Enhancing Mens Rea Requirements and Limiting Mandatory Minimums: State v. Cromwell and Grate

Enhancing Mens Rea Requirements and Limiting Mandatory Minimums: State v. Cromwell and Grate

Date: Jan 16, 2015
Enhancing Mens Rea Requirements and Limiting Mandatory Minimums: State v. Cromwell and Grate Introduction State of New Jersey v. James Cromwell and James Grate is a landmark decision by the Supreme...
New Precedent on PTI Admission Criteria: STATE of New Jersey v. K.S.

New Precedent on PTI Admission Criteria: STATE of New Jersey v. K.S.

Date: Jan 9, 2015
New Precedent on PTI Admission Criteria: STATE of New Jersey v. K.S. Introduction STATE of New Jersey v. K.S. is a landmark decision by the Supreme Court of New Jersey that scrutinizes the criteria...
Reversing Strict Liability: Supreme Court of New Jersey Clarifies Standards for Abuse and Neglect Findings in Neonatal Abstinence Cases

Reversing Strict Liability: Supreme Court of New Jersey Clarifies Standards for Abuse and Neglect Findings in Neonatal Abstinence Cases

Date: Dec 23, 2014
Reversing Strict Liability: Supreme Court of New Jersey Clarifies Standards for Abuse and Neglect Findings in Neonatal Abstinence Cases Introduction In New Jersey Division of Child Protection and...
State of New Jersey v. William A. Case, Jr.: Establishing Rigorous Standards for Sentencing Discretion and Parole Disqualification

State of New Jersey v. William A. Case, Jr.: Establishing Rigorous Standards for Sentencing Discretion and Parole Disqualification

Date: Dec 3, 2014
State of New Jersey v. William A. Case, Jr.: Establishing Rigorous Standards for Sentencing Discretion and Parole Disqualification Introduction State of New Jersey v. William A. Case, Jr. is a...
O'Neil v. State: Recognition of Self-Defense in Aggravated Manslaughter Cases

O'Neil v. State: Recognition of Self-Defense in Aggravated Manslaughter Cases

Date: Oct 7, 2014
O'Neil v. State: Recognition of Self-Defense in Aggravated Manslaughter Cases Introduction In State of New Jersey v. Naquan O'Neil, the Supreme Court of New Jersey addressed the critical issue of...
Supreme Court of New Jersey Establishes Privilege for Patient Safety Act Documents

Supreme Court of New Jersey Establishes Privilege for Patient Safety Act Documents

Date: Sep 30, 2014
Supreme Court of New Jersey Establishes Privilege for Patient Safety Act Documents Introduction In the landmark case C.A., a Minor, by Her Mother and Guardian ad Litem, Esther Applegrad,...
Clear Waiver of Court Rights Required for Arbitration Clauses: Patricia Atalese v. U.S. Legal Services Group

Clear Waiver of Court Rights Required for Arbitration Clauses: Patricia Atalese v. U.S. Legal Services Group

Date: Sep 24, 2014
Clear Waiver of Court Rights Required for Arbitration Clauses: Patricia Atalese v. U.S. Legal Services Group Introduction The case of Patricia Atalese v. U.S. Legal Services Group, L.P. (219 N.J....
Jones v. State of New Jersey: Affirming the Right to Evidentiary Hearings for Prima Facie Ineffective Assistance Claims in Post-Conviction Relief

Jones v. State of New Jersey: Affirming the Right to Evidentiary Hearings for Prima Facie Ineffective Assistance Claims in Post-Conviction Relief

Date: Sep 24, 2014
Jones v. State of New Jersey: Affirming the Right to Evidentiary Hearings for Prima Facie Ineffective Assistance Claims in Post-Conviction Relief Introduction Case Citation: State of New Jersey,...
Admissible Expert Testimony Essential to Define Standard of Care in Fire Sprinkler Inspection Negligence

Admissible Expert Testimony Essential to Define Standard of Care in Fire Sprinkler Inspection Negligence

Date: Sep 16, 2014
Admissible Expert Testimony Essential to Define Standard of Care in Fire Sprinkler Inspection Negligence Introduction The case of Wayne Davis and Irene Laverne Davis v. Brickman Landscaping, Ltd....
Saccone v. Board of Trustees of the Police and Firemen's Retirement System: Upholding Special Needs Trusts for Survivors' Benefits

Saccone v. Board of Trustees of the Police and Firemen's Retirement System: Upholding Special Needs Trusts for Survivors' Benefits

Date: Sep 12, 2014
Saccone v. Board of Trustees of the Police and Firemen's Retirement System: Upholding Special Needs Trusts for Survivors' Benefits Introduction Thomas Saccone, a retired firefighter and member of the...
State's Obligation to Defend and Indemnify County Prosecutors for Law Enforcement Acts: New Precedent in Lavezzis v. State

State's Obligation to Defend and Indemnify County Prosecutors for Law Enforcement Acts: New Precedent in Lavezzis v. State

Date: Sep 10, 2014
State's Obligation to Defend and Indemnify County Prosecutors for Law Enforcement Acts: New Precedent in Lavezzis v. State Introduction The case of Robert Lavezzis and Karen La v. State of New...
Adoption of the O'Brien Eight-Factor Test for Equitable Mortgages in New Jersey

Adoption of the O'Brien Eight-Factor Test for Equitable Mortgages in New Jersey

Date: Sep 10, 2014
Adoption of the O'Brien Eight-Factor Test for Equitable Mortgages in New Jersey Introduction In the landmark case of Tahir Zaman v. Barbara Felton and Mr. Felton, adjudicated by the Supreme Court of...
Enhanced Protections for Defensive Use of Other-Crimes Evidence and Confrontation Clause in State v. Weaver

Enhanced Protections for Defensive Use of Other-Crimes Evidence and Confrontation Clause in State v. Weaver

Date: Sep 9, 2014
Enhanced Protections for Defensive Use of Other-Crimes Evidence and Confrontation Clause in State v. Weaver Introduction In State of New Jersey v. Jahnell Weaver, 97 A.3d 663 (N.J. 2014), the Supreme...
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