New Jersey Case Commentaries

Application of Constructive Trusts in Equitable Distribution of Deferred Compensation: New Precedent from Thieme v. Aucoin–Thieme

Date: Dec 13, 2016

Application of Constructive Trusts in Equitable Distribution of Deferred Compensation: New Precedent from Thieme v. Aucoin–Thieme Introduction The case of Michael J. Thieme v. Bernice F....

Supreme Court of New Jersey Establishes Comprehensive Security Exemptions for Surveillance Footage under OPRA

Date: Nov 23, 2016

Supreme Court of New Jersey Establishes Comprehensive Security Exemptions for Surveillance Footage under OPRA Introduction The Supreme Court of New Jersey, in the landmark case of Patricia Gilleran...

New Jersey Supreme Court Eliminates Inadvertence Requirement in Plain-View Doctrine

Date: Nov 16, 2016

New Jersey Supreme Court Eliminates Inadvertence Requirement in Plain-View Doctrine Introduction In State of New Jersey v. Xiomara Gonzales (227 N.J. 77, 2016), the Supreme Court of New Jersey...

New Jersey Supreme Court Establishes Enhanced Standards for Gross Negligence in Amusement Park Operations

Date: Aug 24, 2016

New Jersey Supreme Court Establishes Enhanced Standards for Gross Negligence in Amusement Park Operations Introduction In the landmark case of Steinberg v. Sahara Sam's Oasis, LLC, the Supreme Court...

New Precedent on State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers in In re Reglan Litigation

Date: Aug 23, 2016

New Precedent on State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers in In re Reglan Litigation Introduction In re Reglan Litigation (226 N.J. 315) is a landmark case adjudicated by...

Cypress Point v. Adria Towers: Expansion of CGL Insurance Coverage for Consequential Damages

Date: Aug 5, 2016

Cypress Point Condominium Association v. Adria Towers: Expansion of CGL Insurance Coverage for Consequential Damages Introduction The Cypress Point Condominium Association, Inc. v. Adria Towers,...

Revisiting LLC Member Expulsion Standards: Insights from IE Test, LLC v. Kenneth Carroll

Date: Aug 3, 2016

Revisiting LLC Member Expulsion Standards: Insights from IE Test, LLC v. Kenneth Carroll Introduction The case of IE Test, LLC v. Kenneth Carroll (226 N.J. 166) adjudicated by the Supreme Court of...

Retroactive Application of Insurance Amendments: Analysis of Karon K. Johnson v. Roselle EZ Quick LLC

Date: Jul 28, 2016

Retroactive Application of Insurance Amendments: Analysis of Karon K. Johnson v. Roselle EZ Quick LLC Introduction The case of Karon K. Johnson v. Roselle EZ Quick LLC was adjudicated by the Supreme...

State v. Scriven: Clarifying the High-Beam Statute and Unreasonable Vehicle Stops

Date: Jul 21, 2016

State v. Scriven: Clarifying the High-Beam Statute and Unreasonable Vehicle Stops Introduction In the landmark case State of New Jersey v. Al–Sharif Scriven (226 N.J. 20), the Supreme Court of New...

Supreme Court of NJ Reinforces Summary Judgment Standards in Settlement Fund Ownership Disputes under Bankruptcy Code

Date: Jun 30, 2016

Supreme Court of New Jersey Reinforces Summary Judgment Standards in Settlement Fund Ownership Disputes under Bankruptcy Code Introduction The case Globe Motor Company, a corporation of the State of...

Admissibility of Testimony in Sexual Harassment Cases: Griffin v. City of East Orange

Date: Jun 23, 2016

Admissibility of Testimony in Sexual Harassment Cases: Griffin v. City of East Orange Introduction In the landmark case of Griffin v. City of East Orange, the Supreme Court of New Jersey addressed...

Expanding Marital Status Protections under the New Jersey Law Against Discrimination

Date: Jun 22, 2016

Expanding Marital Status Protections under the New Jersey Law Against Discrimination Introduction In the landmark case of Robert Smith v. Millville Rescue Squad and John Redden, the Supreme Court of...

The Unenforceability of Ambiguous Arbitration Clauses: Morgan and De v. Sanford Brown Institute

Date: Jun 15, 2016

The Unenforceability of Ambiguous Arbitration Clauses: Morgan and De v. Sanford Brown Institute Introduction In the landmark case of Morgan and De v. Sanford Brown Institute, the Supreme Court of New...

Perry v. State of New Jersey: Reinforcing the Bounds of the Rape Shield Law in Third-Party Guilt Defenses

Date: May 18, 2016

Perry v. State of New Jersey: Reinforcing the Bounds of the Rape Shield Law in Third-Party Guilt Defenses Introduction State of New Jersey v. Bobby Perry is a landmark case adjudicated by the Supreme...

State of New Jersey v. Lee Funderburg: Clarifying Limits on Sua Sponte Jury Instructions for Lesser-Included Offenses

Date: May 6, 2016

State of New Jersey v. Lee Funderburg: Clarifying Limits on Sua Sponte Jury Instructions for Lesser-Included Offenses Introduction In the case of State of New Jersey v. Lee Funderburg (225 N.J. 66),...

Enforcement of Cohabitation Clauses in Divorce Settlements: Quinn v. Quinn

Date: May 4, 2016

Enforcement of Cohabitation Clauses in Divorce Settlements: Quinn v. Quinn (225 N.J. 34) Introduction Quinn v. Quinn, 225 N.J. 34 (2016), is a landmark decision by the Supreme Court of New Jersey...

Admissibility of Treating Physician Testimony in LAD Disability Claims: Insights from Delvecchio v. Township of Bridgewater

Date: Apr 29, 2016

Admissibility of Treating Physician Testimony in LAD Disability Claims: Insights from Delvecchio v. Township of Bridgewater Introduction In the landmark case of Patricia Delvecchio v. Township of...

Limiting Expert Testimony on Mental Intent in Drug Cases: Analysis of State v. Cain

Date: Mar 16, 2016

Limiting Expert Testimony on Mental Intent in Drug Cases: Analysis of State v. Cain Introduction State v. Scott M. Cain, 224 N.J. 410 (2016), is a landmark decision by the Supreme Court of New Jersey...

Supreme Court of New Jersey Rules Insurers Need Not Prove Prejudice to Deny 'Claims Made' Policy Coverage on Notification Breach

Date: Feb 12, 2016

Supreme Court of New Jersey Rules Insurers Need Not Prove Prejudice to Deny 'Claims Made' Policy Coverage on Notification Breach Introduction The case of Tempio Fuente De Vida Corp. and Fuente...

Clarifying Diminished Capacity in Cases of Involuntary Intoxication: STATE v. Baum

Date: Feb 9, 2016

Clarifying Diminished Capacity in Cases of Involuntary Intoxication: STATE v. Baum Introduction The case of STATE of New Jersey v. Eugene C. Baum (224 N.J. 147) presents a pivotal examination of the...