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  • Commentaries
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New Jersey Case Commentaries

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...
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...
State of New Jersey v. Eugene Basil: Implications for Confrontation Clause and Probable Cause

State of New Jersey v. Eugene Basil: Implications for Confrontation Clause and Probable Cause

Date: Jul 21, 2010
State of New Jersey v. Eugene Basil: Implications for Confrontation Clause and Probable Cause Introduction In State of New Jersey v. Eugene Basil (202 N.J. 570), the Supreme Court of New Jersey...
Protective Sweep in Non-Arrest Contexts: State v. Davila Establishes New Standards in New Jersey

Protective Sweep in Non-Arrest Contexts: State v. Davila Establishes New Standards in New Jersey

Date: Jul 15, 2010
Protective Sweep in Non-Arrest Contexts: State v. Davila Establishes New Standards in New Jersey Introduction In State of New Jersey v. Johnnie Davila, the Supreme Court of New Jersey addressed...
Enhancing Due Process in DUI Cases: State of New Jersey v. German Marquez

Enhancing Due Process in DUI Cases: State of New Jersey v. German Marquez

Date: Jul 13, 2010
Enhancing Due Process in DUI Cases: State of New Jersey v. German Marquez Introduction In State of New Jersey v. German Marquez, 201 N.J. 485 (2010), the Supreme Court of New Jersey addressed...
Denial of Oral Argument Under Rule 5:5-4(a) in Matrimonial Post-Judgment Motions

Denial of Oral Argument Under Rule 5:5-4(a) in Matrimonial Post-Judgment Motions

Date: Jul 9, 2010
Denial of Oral Argument Under Rule 5:5-4(a) in Matrimonial Post-Judgment Motions Introduction In the case of Michael Palombi v. Susan Palombi, decided on July 8, 2010, by the Superior Court of New...
Reinterpreting Insurance Exclusions: Flomerfelt v. Cardiello Establishes New Precedents on Duty to Defend Amidst Ambiguous Policy Language

Reinterpreting Insurance Exclusions: Flomerfelt v. Cardiello Establishes New Precedents on Duty to Defend Amidst Ambiguous Policy Language

Date: Jul 8, 2010
Reinterpreting Insurance Exclusions: Flomerfelt v. Cardiello Establishes New Precedents on Duty to Defend Amidst Ambiguous Policy Language Introduction The case of Wendy M. Flomerfelt v. Matthew P....
Limits of Protective Searches in Investigatory Stops: The Privott Decision

Limits of Protective Searches in Investigatory Stops: The Privott Decision

Date: Jun 30, 2010
Limits of Protective Searches in Investigatory Stops: The Privott Decision Introduction In the landmark case of State of New Jersey v. Tysen R. Privott (203 N.J. 16), the Supreme Court of New Jersey...
Substantial Evidence Requirement for Knowledge in Correctional Disciplinary Actions: Figueroa v. NJ Department of Corrections

Substantial Evidence Requirement for Knowledge in Correctional Disciplinary Actions: Figueroa v. NJ Department of Corrections

Date: Jun 29, 2010
Substantial Evidence Requirement for Knowledge in Correctional Disciplinary Actions: Figueroa v. NJ Department of Corrections Introduction Figueroa v. New Jersey Department of Corrections is a...
Admissibility of Deceased Declarants' Hearsay Statements under N.J.R.E. 804(b)(6): The Estate of Nick Hanges v. Metropolitan Property Casualty Insurance Co. Explained

Admissibility of Deceased Declarants' Hearsay Statements under N.J.R.E. 804(b)(6): The Estate of Nick Hanges v. Metropolitan Property Casualty Insurance Co. Explained

Date: Jun 22, 2010
Admissibility of Deceased Declarants' Hearsay Statements under N.J.R.E. 804(b)(6): The Estate of Nick Hanges v. Metropolitan Property Casualty Insurance Co. Explained Introduction The case of The...
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