New Jersey Case Commentaries

Clarifying Jurisdictional Boundaries: The Supreme Court's Decision on Concurrent Title 9 and Title 30 Proceedings in Child Guardianship Cases

Date: Jun 13, 2013

Clarifying Jurisdictional Boundaries: The Supreme Court's Decision on Concurrent Title 9 and Title 30 Proceedings in Child Guardianship Cases Introduction Understanding the Intersection of Title 9...

Ensuring Accurate Information in Guardianship Proceedings: The Importance of Correctly Presenting Kinship Legal Guardianship Alternatives

Date: Jun 11, 2013

Ensuring Accurate Information in Guardianship Proceedings: The Importance of Correctly Presenting Kinship Legal Guardianship Alternatives Introduction In the case of New Jersey Division of Youth and...

New Jersey Supreme Court Establishes Common Law Recklessness Standard for Ski-Participant Claims Not Governed by Ski Act

Date: Jun 7, 2013

New Jersey Supreme Court Establishes Common Law Recklessness Standard for Ski-Participant Claims Not Governed by Ski Act Introduction The case of Daniel Angland et al. v. Mountain Creek Resort, Inc.,...

Limiting Jury Access to Video-Recorded Testimony During Deliberations: STATE v. A.R. Commentary

Date: May 17, 2013

Limiting Jury Access to Video-Recorded Testimony During Deliberations: STATE v. A.R. Commentary 1. Introduction The case of STATE of New Jersey, Plaintiff–Appellant, v. A.R., Defendant–Respondent...

Limits on Causal Evidence in Vehicular Homicide: State v. Buckley

Date: May 16, 2013

Limits on Causal Evidence in Vehicular Homicide: State v. Keith R. Buckley Introduction In State of New Jersey v. Keith R. Buckley, decided on May 15, 2013, the Supreme Court of New Jersey addressed...

Termination of Permanent Alimony Due to Cohabitation: Reese v. Weis

Date: May 8, 2013

Termination of Permanent Alimony Due to Cohabitation: Reese v. Weis Introduction The case of Ronald C. Reese v. Rebecca Weis (430 N.J. Super. 552) adjudicated by the Superior Court of New Jersey,...

Exclusion of Sole Proprietors as 'Consumers' Under FDCPA in Legal Service Debt Collection: DepoLink v. Rochman

Date: Apr 27, 2013

Exclusion of Sole Proprietors as 'Consumers' Under FDCPA in Legal Service Debt Collection: DepoLink v. Rochman Introduction The appellate case of DepoLink Court Reporting & Litigation Support...

Affirmation of Specialty-Specific Expertise in Medical-Malpractice Litigations Under the Patients First Act

Date: Apr 26, 2013

Affirmation of Specialty-Specific Expertise in Medical-Malpractice Litigations Under the Patients First Act Introduction In the landmark case of Edward Nicholas and Tracy Nicholas v. Dr. Christopher...

Objective Reasonableness and the Use of Flash-Bang Devices in Knock-and-Announce Warrants: State v. Rockford, III (213 N.J. 424)

Date: Apr 24, 2013

Objective Reasonableness and the Use of Flash-Bang Devices in Knock-and-Announce Warrants: State v. Rockford, III (213 N.J. 424) Introduction In the landmark case of State of New Jersey,...

State v. Walker: Upholding Exigent Circumstances and Probable Cause for Warrantless Home Entry in Controlled Substance Cases

Date: Apr 11, 2013

State v. Walker: Upholding Exigent Circumstances and Probable Cause for Warrantless Home Entry in Controlled Substance Cases Introduction State of New Jersey appealed the conviction of Rashad Walker...

East Rutherford PBA Local 275 Arbitration Award Affirmed: New Precedent on Collective Bargaining and Statutory Compliance

Date: Mar 20, 2013

East Rutherford PBA Local 275 Arbitration Award Affirmed: New Precedent on Collective Bargaining and Statutory Compliance Introduction In BOROUGH OF EAST RUTHERFORD v. EAST RUTHERFORD PBA LOCAL 275,...

State v. Vargas: Reinforcing Constitutional Protections Against Warrantless Residential Searches

Date: Mar 19, 2013

State v. Vargas: Reinforcing Constitutional Protections Against Warrantless Residential Searches 1. Introduction The case of State of New Jersey v. Cesar Albert Vargas pivotal for clarifying the...

Attorney Inattention Insufficient for Extraordinary Circumstances in Late Tort Claim Filings: D.D. v. Rutgers et al.

Date: Mar 13, 2013

Attorney Inattention Insufficient for Extraordinary Circumstances in Late Tort Claim Filings: D.D. v. Rutgers et al. Introduction In the landmark case of D.D., Plaintiff–Respondent, v. University of...

Tortious Interference in Attorney-Client Relationships: Analysis of Nostrame v. Nati

Date: Mar 12, 2013

Tortious Interference in Attorney-Client Relationships: Analysis of Nostrame v. Nati Introduction The case of Frank J. Nostrame v. Nati (213 N.J. 109), adjudicated by the Supreme Court of New Jersey...

Effective Assistance of Counsel and Deportation Consequences: Analyzing STATE v. BREWSTER

Date: Feb 8, 2013

Effective Assistance of Counsel and Deportation Consequences: Analyzing STATE of New Jersey v. Moses A. Brewster Introduction In the case of STATE of New Jersey v. Moses A. Brewster, the Superior...

Reversed Precedent on Prenatal Drug Use: Supreme Court of New Jersey Rules Under Title 9

Date: Feb 7, 2013

Reversed Precedent on Prenatal Drug Use: Supreme Court of New Jersey Rules Under Title 9 Introduction In the landmark case New Jersey Department of Children and Families, Division of Youth and Family...

New Jersey Supreme Court Declares UFPA's Mandatory Arbitration Unconstitutional

Date: Jan 25, 2013

New Jersey Supreme Court Declares UFPA's Mandatory Arbitration Unconstitutional Introduction In the landmark case of Jersey Central Power & Light Company v. Melcar Utility Company, the Supreme Court...

State v. Nash: Reinforcing the Importance of Newly Discovered Evidence in Post-Conviction Relief

Date: Jan 23, 2013

State v. Nash: Reinforcing the Importance of Newly Discovered Evidence in Post-Conviction Relief Introduction State of New Jersey v. Askia Nash, 212 N.J. 518 (2013), represents a pivotal moment in...

Reaffirming the Jury's Role: Restrictions on Expert Testimony in Simple Drug Cases – State v. Sowell

Date: Jan 15, 2013

Reaffirming the Jury's Role: Restrictions on Expert Testimony in Simple Drug Cases – State v. Sowell Introduction State of New Jersey v. Ralph Sowell, 213 N.J. 89 (2013), adjudicated by the Supreme...

Reaffirming the Adequate Factual Basis for Guilty Pleas in Reckless Manslaughter: Insights from State v. Campfield

Date: Jan 11, 2013

Reaffirming the Adequate Factual Basis for Guilty Pleas in Reckless Manslaughter: Insights from State of New Jersey v. Campfield Introduction State of New Jersey v. Kevin M. Campfield is a landmark...