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  • Commentaries
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New Jersey Case Commentaries

Deference to Trial Courts in SVPA Commitments: Analysis of In the Matter of the Civil Commitment of R.F.

Deference to Trial Courts in SVPA Commitments: Analysis of In the Matter of the Civil Commitment of R.F.

Date: Mar 20, 2014
Deference to Trial Courts in SVPA Commitments: Analysis of In the Matter of the Civil Commitment of R.F. Introduction The case of In the Matter of the Civil Commitment of R.F. SVP 490–08, adjudicated...
Manahawkin Convalescent v. O'Neill: Reinforcing Protections Under the Nursing Home Act

Manahawkin Convalescent v. O'Neill: Reinforcing Protections Under the Nursing Home Act

Date: Mar 12, 2014
Manahawkin Convalescent v. O'Neill: Reinforcing Protections Under the Nursing Home Act Introduction The case of Manahawkin Convalescent v. Frances O'Neill addresses significant issues surrounding the...
Enhanced Clarity on Extended-Term Sentencing for Juveniles: Insights from State of New Jersey v. K.O.

Enhanced Clarity on Extended-Term Sentencing for Juveniles: Insights from State of New Jersey v. K.O.

Date: Feb 25, 2014
Enhanced Clarity on Extended-Term Sentencing for Juveniles: Insights from State of New Jersey v. K.O. Introduction The landmark case of State of New Jersey v. K.O., adjudicated by the Supreme Court...
Presumption of Gift in Intra-Family Stock Transfers: Supreme Court of New Jersey Reaffirms Clear and Convincing Evidence Standard in Bhagat v. Bhagat

Presumption of Gift in Intra-Family Stock Transfers: Supreme Court of New Jersey Reaffirms Clear and Convincing Evidence Standard in Bhagat v. Bhagat

Date: Jan 31, 2014
Presumption of Gift in Intra-Family Stock Transfers: Supreme Court of New Jersey Reaffirms Clear and Convincing Evidence Standard in Bhagat v. Bhagat Introduction Amratlal C. Bhagat, Individually and...
Proper Application of Aggravating Factors in Sentencing: Insights from State v. Fuentes

Proper Application of Aggravating Factors in Sentencing: Insights from State v. Fuentes

Date: Jan 8, 2014
Proper Application of Aggravating Factors in Sentencing: Insights from State v. Fuentes Introduction State of New Jersey v. Reinaldo Fuentes, 85 A.3d 923 (N.J. 2014), is a landmark decision by the...
Porter v. State: Upholding the Right to Evidentiary Hearings in Post-Conviction Relief Claims of Ineffective Assistance of Counsel

Porter v. State: Upholding the Right to Evidentiary Hearings in Post-Conviction Relief Claims of Ineffective Assistance of Counsel

Date: Dec 20, 2013
Porter v. State: Upholding the Right to Evidentiary Hearings in Post-Conviction Relief Claims of Ineffective Assistance of Counsel Introduction In State of New Jersey v. Oscar Porter, the Supreme...
Equitable Child Support Calculations in Multi-Family Obligations: Insights from Harte v. Hand

Equitable Child Support Calculations in Multi-Family Obligations: Insights from Harte v. Hand

Date: Dec 19, 2013
Equitable Child Support Calculations in Multi-Family Obligations: Insights from Harte v. Hand Introduction The case of Susan Marie Harte v. David Richard Hand (81 A.3d 667) adjudicated by the...
Clarification on Standard of Judicial Review for Charter School Application Denials in New Jersey

Clarification on Standard of Judicial Review for Charter School Application Denials in New Jersey

Date: Dec 17, 2013
Clarification on Standard of Judicial Review for Charter School Application Denials in New Jersey Introduction The case, In the Matter of the PROPOSED QUEST ACADEMY CHARTER SCHOOL OF MONTCLAIR...
Gene Hinton v. State of New Jersey: Reevaluating Reasonable Expectation of Privacy in Advanced Eviction Procedures

Gene Hinton v. State of New Jersey: Reevaluating Reasonable Expectation of Privacy in Advanced Eviction Procedures

Date: Oct 25, 2013
Gene Hinton v. State of New Jersey: Reevaluating Reasonable Expectation of Privacy in Advanced Eviction Procedures Introduction The case of State of New Jersey v. Gene Hinton, reported in 216 N.J....
Saddle River v. 66 East Allendale: Strengthening Gatekeeping in Eminent Domain Valuations

Saddle River v. 66 East Allendale: Strengthening Gatekeeping in Eminent Domain Valuations

Date: Oct 22, 2013
Saddle River v. 66 East Allendale: Strengthening Gatekeeping in Eminent Domain Valuations Introduction The landmark case Borough of Saddle River v. 66 East Allendale, LLC (216 N.J. 115, 2013-10-21)...
Affirmation of Division's Authority to Rule Out Relatives Based on Child’s Best Interests in Guardianship Termination

Affirmation of Division's Authority to Rule Out Relatives Based on Child’s Best Interests in Guardianship Termination

Date: Oct 18, 2013
Affirmation of Division's Authority to Rule Out Relatives Based on Child’s Best Interests in Guardianship Termination Introduction The case of New Jersey Division of Youth and Family Services v....
Affirmation of Judgment in State v. Maloney: Clarifying Accomplice Liability and Lesser-Included Offenses

Affirmation of Judgment in State v. Maloney: Clarifying Accomplice Liability and Lesser-Included Offenses

Date: Oct 17, 2013
Affirmation of Judgment in State v. Maloney: Clarifying Accomplice Liability and Lesser-Included Offenses Introduction In the case of STATE of New Jersey, Plaintiff–Respondent, v. Osborne S. Maloney,...
Expanding Consumer Protections in Foreclosure Rescue Schemes: Analysis of D'Agostino v. Maldonado, 216 N.J. 168

Expanding Consumer Protections in Foreclosure Rescue Schemes: Analysis of D'Agostino v. Maldonado, 216 N.J. 168

Date: Oct 4, 2013
Expanding Consumer Protections in Foreclosure Rescue Schemes: Analysis of D'Agostino v. Maldonado, 216 N.J. 168 Introduction The landmark case of Anthony D'Agostino and Denise D'Agostino v. Ricardo...
State of New Jersey v. Terrence Miller: Upholding Trial Court's Discretion on Counsel Assignment and Adjournment Denial

State of New Jersey v. Terrence Miller: Upholding Trial Court's Discretion on Counsel Assignment and Adjournment Denial

Date: Oct 3, 2013
State of New Jersey v. Terrence Miller: Upholding Trial Court's Discretion on Counsel Assignment and Adjournment Denial Introduction In the landmark case of State of New Jersey v. Terrence Miller,...
Separation of Mediation and Arbitration Roles in Matrimonial Proceedings: Insights from Minkowitz v. Israeli

Separation of Mediation and Arbitration Roles in Matrimonial Proceedings: Insights from Minkowitz v. Israeli

Date: Sep 26, 2013
Separation of Mediation and Arbitration Roles in Matrimonial Proceedings: Insights from Minkowitz v. Israeli Introduction Minkowitz v. Israeli is a pivotal case decided by the Superior Court of New...
Enforceability of Attorneys' Fees in Residential Leases: Insights from the Green v. Morgan Properties Judgment

Enforceability of Attorneys' Fees in Residential Leases: Insights from the Green v. Morgan Properties Judgment

Date: Sep 18, 2013
Enforceability of Attorneys' Fees in Residential Leases: Insights from the Green v. Morgan Properties Judgment Introduction The case of Darnice Green, Mathew Blumberg, Michael Permenter, and Beth...
Establishing Special Needs Trusts for Unemancipated Adult Children: Insights from J.B. v. W.B.

Establishing Special Needs Trusts for Unemancipated Adult Children: Insights from J.B. v. W.B.

Date: Aug 21, 2013
Establishing Special Needs Trusts for Unemancipated Adult Children: Insights from J.B. v. W.B. Introduction The case of J.B. v. W.B. (215 N.J. 305), adjudicated by the Supreme Court of New Jersey on...
Hirsch v. Amper Financial Services, LLC: Limiting Equitable Estoppel in Arbitration Compulsion

Hirsch v. Amper Financial Services, LLC: Limiting Equitable Estoppel in Arbitration Compulsion

Date: Aug 8, 2013
Hirsch v. Amper Financial Services, LLC: Limiting Equitable Estoppel in Arbitration Compulsion Introduction Hirsch v. Amper Financial Services, LLC, 215 N.J. 174 (2013), adjudicated by the Supreme...
Limiting the Definition of "Victim" in Sentencing: Insights from State of New Jersey v. John J. Lawless, Jr.

Limiting the Definition of "Victim" in Sentencing: Insights from State of New Jersey v. John J. Lawless, Jr.

Date: Jul 23, 2013
Limiting the Definition of "Victim" in Sentencing: Insights from State of New Jersey v. John J. Lawless, Jr. Introduction The Supreme Court of New Jersey, in the landmark case State of New Jersey,...
New Jersey Upholds Privacy Rights in Cell-Phone Location Data: STATE v. EARLS

New Jersey Upholds Privacy Rights in Cell-Phone Location Data: STATE v. EARLS

Date: Jul 19, 2013
New Jersey Upholds Privacy Rights in Cell-Phone Location Data: STATE v. EARLS Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal...
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