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  • Commentaries
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New Jersey Case Commentaries

Reevaluation of Scafidi Charges in Medical Malpractice: Komlodi v. Picciano and JFK Medical Center

Reevaluation of Scafidi Charges in Medical Malpractice: Komlodi v. Picciano and JFK Medical Center

Date: May 21, 2014
Reevaluation of Scafidi Charges in Medical Malpractice: Komlodi v. Picciano and JFK Medical Center Introduction Judy Komlodi, as Guardian for Michelle Komlodi v. Anne Picciano, M.D. and JFK Medical...
Unlawful Detention and Third-Party Consent in State v. Coles: Establishing New Standards for Warrantless Searches in New Jersey

Unlawful Detention and Third-Party Consent in State v. Coles: Establishing New Standards for Warrantless Searches in New Jersey

Date: May 20, 2014
Unlawful Detention and Third-Party Consent in State v. Coles: Establishing New Standards for Warrantless Searches in New Jersey Introduction State of New Jersey v. Byseem T. Coles, 95 A.3d 136...
Consent to Search in Co-Tenancy: STATE of New Jersey v. Michael W. Lamb

Consent to Search in Co-Tenancy: STATE of New Jersey v. Michael W. Lamb

Date: May 20, 2014
Consent to Search in Co-Tenancy: STATE of New Jersey v. Michael W. Lamb Introduction The case STATE of New Jersey, Plaintiff–Respondent, v. Michael W. Lamb, Defendant–Appellant (95 A.3d 123)...
Promises of Leniency and Voluntariness of Confessions: Analysis of STATE v. Hreha

Promises of Leniency and Voluntariness of Confessions: Analysis of STATE v. Hreha

Date: May 16, 2014
Promises of Leniency and the Voluntariness of Confessions: Insights from State of New Jersey v. Carl Hreha Introduction State of New Jersey v. Carl Hreha (89 A.3d 1223, Supreme Court of New Jersey,...
Enhanced Scrutiny for Ineffective Counsel and Plea Withdrawal: State v. Alice O'Donnell Sets New Precedents

Enhanced Scrutiny for Ineffective Counsel and Plea Withdrawal: State v. Alice O'Donnell Sets New Precedents

Date: Apr 25, 2014
Enhanced Scrutiny for Ineffective Counsel and Plea Withdrawal: State v. Alice O'Donnell Sets New Precedents Introduction State of New Jersey vs. Alice O'Donnell is a landmark case adjudicated by the...
Consideration of Defendant’s Ability to Pay in SCVTF Penalties: Bolvito v. State of New Jersey

Consideration of Defendant’s Ability to Pay in SCVTF Penalties: Bolvito v. State of New Jersey

Date: Apr 1, 2014
Consideration of Defendant’s Ability to Pay in SCVTF Penalties: Bolvito v. State of New Jersey Introduction State of New Jersey v. Carlos Bolvito (86 A.3d 131) is a landmark decision by the Supreme...
Supreme Court of New Jersey Defines Limits on School Principals' Duty of Care to Third Parties

Supreme Court of New Jersey Defines Limits on School Principals' Duty of Care to Third Parties

Date: Mar 27, 2014
Supreme Court of New Jersey Defines Limits on School Principals' Duty of Care to Third Parties Introduction In the landmark case of Robinson v. Vivirito et al. (2014), the Supreme Court of New Jersey...
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...
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