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  • Commentaries
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New Jersey Case Commentaries

dispatcher-induced Unreasonable Searches: STATE v. HANDY Establishes Strict Suppression Standards

dispatcher-induced Unreasonable Searches: STATE v. HANDY Establishes Strict Suppression Standards

Date: Apr 27, 2011
Dispatcher-Induced Unreasonable Searches: State of New Jersey v. Handy Establishes Strict Suppression Standards Introduction In State of New Jersey v. Germaine A. Handy, 206 N.J. 39 (2011), the...
Progressive Discipline and Appellate Review in Public Employment: IN RE STALLWORTH

Progressive Discipline and Appellate Review in Public Employment: IN RE STALLWORTH

Date: Apr 13, 2011
Progressive Discipline and Appellate Review in Public Employment: IN RE STALLWORTH Introduction In the Matter of Anthony Stallworth, Camden County Municipal Utilities Authority (208 N.J. 182) is a...
McLean v. State of New Jersey: Limiting Lay Opinion in Narcotics Prosecutions

McLean v. State of New Jersey: Limiting Lay Opinion in Narcotics Prosecutions

Date: Apr 1, 2011
McLean v. State of New Jersey: Limiting Lay Opinion in Narcotics Prosecutions Introduction In the case of State of New Jersey v. Kelvin L. McLean, decided by the Supreme Court of New Jersey on March...
Right to Counsel in Motions to Withdraw Guilty Pleas: Insights from STATE v. HAYES

Right to Counsel in Motions to Withdraw Guilty Pleas: Insights from STATE v. HAYES

Date: Apr 1, 2011
Right to Counsel in Motions to Withdraw Guilty Pleas: Insights from STATE v. HAYES Introduction State of New Jersey v. Michael Hayes, 205 N.J. 522 (2011), is a seminal case that delves into the...
Disclosure Sufficiency in Business Judgment Rule: Insights from Seidman v. Clifton Savings Bank

Disclosure Sufficiency in Business Judgment Rule: Insights from Seidman v. Clifton Savings Bank

Date: Mar 17, 2011
Disclosure Sufficiency in Business Judgment Rule: Insights from Seidman v. Clifton Savings Bank Introduction Seidman v. Clifton Savings Bank, S.L.A. is a landmark case adjudicated by the Supreme...
Comprehensive Commentary on Kieffer v. Best Buy: Indemnification Clauses Under Scrutiny

Comprehensive Commentary on Kieffer v. Best Buy: Indemnification Clauses Under Scrutiny

Date: Mar 16, 2011
Kieffer v. Best Buy: Redefining the Boundaries of Indemnification Agreements Introduction The case of Tina Kieffer and Kevin Kieffer v. Best Buy reached the Supreme Court of New Jersey in 2011,...
Establishing Guidelines for Playback of Video Testimony and Sentencing Analysis: State of New Jersey v. Dashawn Miller

Establishing Guidelines for Playback of Video Testimony and Sentencing Analysis: State of New Jersey v. Dashawn Miller

Date: Mar 15, 2011
Establishing Guidelines for Playback of Video Testimony and Sentencing Analysis State of New Jersey v. Dashawn Miller, 205 N.J. 109 (2011) Introduction In the landmark case State of New Jersey v....
Interpretation of "Elementary School" Under N.J.S.A. 2C:35-7 in State of New Jersey v. Jason Shelley

Interpretation of "Elementary School" Under N.J.S.A. 2C:35-7 in State of New Jersey v. Jason Shelley

Date: Mar 10, 2011
Interpretation of "Elementary School" Under N.J.S.A. 2C:35-7 in State of New Jersey v. Jason Shelley Introduction State of New Jersey v. Jason Shelley (205 N.J. 320) is a pivotal case decided by the...
Entire Controversy Doctrine in Legal Malpractice Claims: Sklodowsky v. Lushis Reversed

Entire Controversy Doctrine in Legal Malpractice Claims: Sklodowsky v. Lushis Reversed

Date: Feb 3, 2011
Entire Controversy Doctrine in Legal Malpractice Claims: Sklodowsky v. Lushis Reversed Introduction Paul G. Sklodowsky, a resident of New Jersey, initiated a legal malpractice lawsuit against John F....
Illegality of Consecutive Sentences Without Statement of Reasons Not Recognized Under Post-Conviction Relief: STATE v. ACEVEDO, Jr.

Illegality of Consecutive Sentences Without Statement of Reasons Not Recognized Under Post-Conviction Relief: STATE v. ACEVEDO, Jr.

Date: Feb 2, 2011
Illegality of Consecutive Sentences Without Statement of Reasons Not Recognized Under Post-Conviction Relief: STATE v. ACEVEDO, Jr. Introduction In State of New Jersey v. William Acevedo, Jr. (205...
Truth as Defense in Defamation Actions Involving Expunged Criminal Records: G.D. v. KENNY Establishes New Precedent

Truth as Defense in Defamation Actions Involving Expunged Criminal Records: G.D. v. KENNY Establishes New Precedent

Date: Feb 1, 2011
Truth as Defense in Defamation Actions Involving Expunged Criminal Records: New Precedent in G.D. v. KENNY Introduction The case of G.D. v. Bernard Kenny and the Hudson County Democratic...
Supreme Court of New Jersey Reverses Abuse and Neglect Findings in DYFS v. P.W.R.

Supreme Court of New Jersey Reverses Abuse and Neglect Findings in DYFS v. P.W.R.

Date: Jan 27, 2011
Supreme Court of New Jersey Reverses Abuse and Neglect Findings in DYFS v. P.W.R. Introduction In the landmark decision of New Jersey Division of Youth and Family Services v. P.W.R., the Supreme...
Discovery Rule Confirmed for LAD Discrimination Claims (Lopez Hearing Required); Retaliation Claims Accrue at Resignation as a Discrete Act

Discovery Rule Confirmed for LAD Discrimination Claims (Lopez Hearing Required); Retaliation Claims Accrue at Resignation as a Discrete Act

Date: Dec 11, 2010
Discovery Rule Confirmed for LAD Discrimination Claims (Lopez Hearing Required); Retaliation Claims Accrue at Resignation as a Discrete Act Introduction This commentary examines the Supreme Court of...
Affirmation of the Sexually Violent Predator Act's Constitutionality in W.X.C. Case

Affirmation of the Sexually Violent Predator Act's Constitutionality in W.X.C. Case

Date: Nov 10, 2010
Affirmation of the Sexually Violent Predator Act's Constitutionality in W.X.C. Case Introduction The Supreme Court of New Jersey, in the case In the Matter of the Civil Commitment of W.X.C., SVP...
New Precedent on Class Certification in Consumer Fraud Cases: Lee v. Carter-Reed Co.

New Precedent on Class Certification in Consumer Fraud Cases: Lee v. Carter-Reed Co.

Date: Oct 1, 2010
New Precedent on Class Certification in Consumer Fraud Cases: Lee v. Carter-Reed Co. Introduction Lee v. Carter-Reed Co. is a landmark decision by the Supreme Court of New Jersey that addresses the...
Failure to Accommodate Without Adverse Consequences: A New Judicial Paradigm

Failure to Accommodate Without Adverse Consequences: A New Judicial Paradigm

Date: Sep 14, 2010
Failure to Accommodate Without Adverse Consequences: A New Judicial Paradigm Introduction In the landmark case of Roy M. Victor v. State of New Jersey, adjudicated by the Supreme Court of New Jersey...
Enforceability of Exculpatory Agreements in Private Fitness Centers Confirmed for Ordinary Negligence

Enforceability of Exculpatory Agreements in Private Fitness Centers Confirmed for Ordinary Negligence

Date: Aug 6, 2010
Enforceability of Exculpatory Agreements in Private Fitness Centers Confirmed for Ordinary Negligence Introduction The case of Gina STELLUTI v. CASAPENN ENTERPRISES, LLC d/b/a Powerhouse Gym...
Affirming Lawful Investigatory Stops Based on Reasonable and Articulable Suspicion: STATE v. MANN

Affirming Lawful Investigatory Stops Based on Reasonable and Articulable Suspicion: STATE v. MANN

Date: Aug 5, 2010
Affirming Lawful Investigatory Stops Based on Reasonable and Articulable Suspicion: STATE v. MANN Introduction State of New Jersey v. Wendell Mann (203 N.J. 328) is a pivotal case adjudicated by the...
Affirmative Defense to Felony Murder: NJ Supreme Court in State v. Shem Walker

Affirmative Defense to Felony Murder: NJ Supreme Court in State v. Shem Walker

Date: Jul 29, 2010
Affirmative Defense to Felony Murder: NJ Supreme Court in State v. Shem Walker Introduction The case State of New Jersey v. Shem Walker, 203 N.J. 73, decided by the Supreme Court of New Jersey on...
Affidavit of Merit Waiver: RYAN v. RENNY Establishes Broad Judicial Discretion

Affidavit of Merit Waiver: RYAN v. RENNY Establishes Broad Judicial Discretion

Date: Jul 23, 2010
Affidavit of Merit Waiver: RYAN v. RENNY Establishes Broad Judicial Discretion Introduction In Abby Ryan and Kirk Ryan v. Andrew Renny, M.D., 203 N.J. 37 (2010), the Supreme Court of New Jersey...
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