New Jersey Case Commentaries

Affirmation of Agency Discretion to Waive Non-Material Bid Requirements: Barrick v. State of New Jersey

Date: Jul 24, 2014

Affirmation of Agency Discretion to Waive Non-Material Bid Requirements: Barrick v. State of New Jersey Introduction The case of Matthew J. Barrick, Jr. v. State of New Jersey, Department of...

Juror Substitution After Deadlock: New Precedent in State v. Ross II

Date: Jul 4, 2014

Juror Substitution After Deadlock: New Precedent in State v. Ross II Introduction State of New Jersey v. Michael Ross II, 93 A.3d 739, is a landmark decision by the Supreme Court of New Jersey that...

New Jersey Supreme Court Endorses Pro Bono Bankruptcy Services Despite Unrelated Firm Conflicts

Date: Jul 3, 2014

New Jersey Supreme Court Endorses Pro Bono Bankruptcy Services Despite Unrelated Firm Conflicts Introduction The Supreme Court of New Jersey delivered a pivotal decision on July 2, 2014, in Opinion...

Establishing State-Created Danger Liability: Gormley v. Wood-El

Date: Jul 1, 2014

Establishing State-Created Danger Liability: Gormley v. Wood-El Introduction Lorraine Gormley v. LaTanya Wood-El is a landmark decision from the Supreme Court of New Jersey delivered on June 30,...

CEPA Claims Must Reference Applicable Legal Standards: Hitesman v. Bridgeway Care Center

Date: Jun 17, 2014

CEPA Claims Must Reference Applicable Legal Standards: Hitesman v. Bridgeway Care Center Introduction In the landmark case of James Hitesman v. Bridgeway, Inc., d/b/a Bridgeway Care Center (93 A.3d...

Robinson v. State: Prohibition of Concurrent Mandatory and Discretionary Extended Term Sentences

Date: Jun 6, 2014

Robinson v. State: Prohibition of Concurrent Mandatory and Discretionary Extended Term Sentences Introduction The case of State of New Jersey v. James W. Robinson (92 A.3d 656) adjudicated by the...

Termination of Parental Rights Under N.J.S.A. 30:4C–15.1(a): A Comprehensive Analysis of New Jersey Division of Youth and Family Services v. R.G. et al.

Date: Jun 3, 2014

Termination of Parental Rights Under N.J.S.A. 30:4C–15.1(a): A Comprehensive Analysis of New Jersey Division of Youth and Family Services v. R.G. et al. Introduction The case of New Jersey Division...

Private Right of Action Under N.J. CRA Limited to Persons Acting Under Color of Law

Date: May 22, 2014

Private Right of Action Under N.J. Civil Rights Act Limited to Persons Acting Under Color of Law Introduction The case of Luis Perez v. Zagami, LLC (94 A.3d 869), adjudicated by the Supreme Court of...

Cortez v. Gindhart: Legal Malpractice Requires Demonstrable, Non-Speculative Injury

Date: May 22, 2014

Cortez v. Gindhart: Legal Malpractice Requires Demonstrable, Non-Speculative Injury Introduction Cortez v. Gindhart is a pivotal case adjudicated by the Appellate Division of the Superior Court of...

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

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

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

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

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

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

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.

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

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.

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

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...