New Jersey Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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.

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

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.

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

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...

Supreme Court Establishes Broad Retaliation Protections under New Jersey's Law Against Discrimination

Date: Jul 18, 2013

Supreme Court Establishes Broad Retaliation Protections under New Jersey's Law Against Discrimination Introduction In the landmark case of Michael Battaglia v. United Parcel Service, Inc. (214 N.J....

TCCWNA Expanded to Intangible Property: Analysis of Shelton v. Restaurant.com

Date: Jul 10, 2013

TCCWNA Expanded to Intangible Property: Analysis of Shelton v. Restaurant.com Introduction In the landmark case of Shelton and Bohus v. Restaurant.com, Inc., decided by the Supreme Court of New...

Clarifying the 'Particularly Suitable' Standard in Use Variance Applications under the New Jersey Municipal Land Use Law

Date: Jun 26, 2013

Clarifying the 'Particularly Suitable' Standard in Use Variance Applications under the New Jersey Municipal Land Use Law Introduction The case of Larry Price v. Himeji, LLC, adjudicated by the...

Establishing the Commencement of the Statute of Repose and Apportionment of Fault in Construction Disputes: Insights from Town of Kearny v. Brandt–Kuybida Architects

Date: Jun 21, 2013

Establishing the Commencement of the Statute of Repose and Apportionment of Fault in Construction Disputes: Insights from Town of Kearny v. Brandt–Kuybida Architects Introduction The case of Town of...