New Jersey Case Commentaries

Diana v. LVNV Funding: CFLA “Void” Provision Creates No Implied Borrower Lawsuit to Invalidate a Loan

Date: Jul 11, 2026

Diana v. LVNV Funding: CFLA “Void” Provision Creates No Implied Borrower Lawsuit to Invalidate a Loan Court: Supreme Court of New Jersey Date: July 8, 2026 Case: Scott Diana v. LVNV Funding LLC 1....

State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I

Date: Jul 4, 2026

State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I 1. Introduction In State v. French G. Lee (N.J. June 29, 2026), the Supreme...

Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid

Date: Jul 4, 2026

Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid Case: Rebecca J. Reed v. Elizabeth M. Muoio (Supreme Court of...

EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts

Date: Jun 26, 2026

EMSA Paramedic Immunity: Two Physician Calls Can Satisfy “Maintain Direct Voice Communication” and an Intubation Order Can Cover Multiple Attempts I. Introduction In Jari Almonte v. Township of Union...

State v. Miles: Case-Specific Facial Recognition Discovery and a Deferred, Burden-Shifting Path to Proprietary Source Code

Date: Jun 25, 2026

State v. Miles: Case-Specific Facial Recognition Discovery and a Deferred, Burden-Shifting Path to Proprietary Source Code Case: State v. Tybear Miles (A-41-24) (090275) Court: Supreme Court of New...

OPRA Treats Logs of Government-Related Emails in Officials’ Personal Accounts as Government Records (But Not Whole Personal-Account Logs)

Date: Jun 13, 2026

OPRA Treats Logs of Government-Related Emails in Officials’ Personal Accounts as Government Records (But Not Whole Personal-Account Logs) I. Introduction In Alex Rosetti v. Ramapo-Indian Hills...

Federally Qualified Health Centers Are “Organized Exclusively for Hospital Purposes” Under the Charitable Immunity Act and Are Limited to the $250,000 Cap

Date: Jun 12, 2026

Federally Qualified Health Centers Are “Organized Exclusively for Hospital Purposes” Under the Charitable Immunity Act and Are Limited to the $250,000 Cap Case: Cassandra Gigi Smith v. Newark...

Accutane Gatekeeping Applies to Differential Diagnosis in All Civil Cases

Date: Jun 2, 2026

Accutane Gatekeeping Applies to Differential Diagnosis in All Civil Cases: Trial Courts Must Rigorously Vet Both “Rule In” and “Rule Out” Causation Steps 1. Introduction In Alison Beavan v. Allergan...

State v. Nirav Patel — Reasonable Diligence Bars “Newly Discovered” Evidence in Defendant’s Possession

Date: May 27, 2026

State v. Nirav Patel: Evidence in the Defendant’s Possession Is Not “Newly Discovered” Absent a Reasonably Diligent Pretrial Search (and Courts Must Be Alert to Post‑Verdict Fraud-on-the-Court Risks)...

State v. DiNapoli: Prong-Election Disclosure and Prong-One Admissibility of Intervening-Cause Expert Testimony Without an N.J.R.E. 104 Hearing

Date: May 19, 2026

State v. DiNapoli: Prong-Election Disclosure and Prong-One Admissibility of Intervening-Cause Expert Testimony Without an N.J.R.E. 104 Hearing Court: Supreme Court of New Jersey Date: May 12, 2026...

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund Forfeiture

Date: May 12, 2026

Mist Pharmaceuticals: Broad D&O “Capacity” Exclusions Bar Coverage for Claims “In Any Way Involving” Uninsured-Entity Conduct; Repeated Reservations Defeat Griggs Estoppel and Fireman’s Fund...

Future Medical Expenses Within PIP Limits Are “Collectible” and Inadmissible Under N.J.S.A. 39:6A-12 (Including UCJF PIP)

Date: May 7, 2026

Future Medical Expenses Within PIP Limits Are “Collectible” and Inadmissible Under N.J.S.A. 39:6A-12 (Including UCJF PIP) I. Introduction In Lakita D. Murray v. Christopher B. Punina (with...

State v. Hannah: Historical CSLI Requires Expert Testimony Under N.J.R.E. 702 (and Lay Testimony Cannot Bypass Net-Opinion Limits)

Date: Apr 20, 2026

Historical CSLI Must Be Presented Through Expert Testimony Under N.J.R.E. 702 Case: State v. Jule Hannah (N.J. Apr. 16, 2026) | Court: Supreme Court of New Jersey | Author: Justice Pierre-Louis...

IRCA Does Not Bar Payment for Work Performed: Undocumented Workers May Recover NJ Wages; Employer Recordkeeping Presumption and N.J.R.E. 403 Limits on “Invalid SSN” Evidence

Date: Mar 21, 2026

IRCA Does Not Bar Payment for Work Performed: Undocumented Workers May Recover NJ Wages; Employer Recordkeeping Presumption and N.J.R.E. 403 Limits on “Invalid SSN” Evidence Case: Sergio Lopez v....

TRC May Set or Modify Island Pierhead Lines Through Individual Tidelands License Decisions Under N.J.S.A. 12:3-19

Date: Mar 20, 2026

TRC May Set or Modify Island Pierhead Lines Through Individual Tidelands License Decisions Under N.J.S.A. 12:3-19 Introduction Case: In the Matter of P.T. Jibsail Family Limited Partnership Tidelands...

Child Victims Act/TCA: Public-School Vicarious Liability for Teacher Sexual Abuse Outside Scope of Employment Under a “Tacit Approval” Standard; No Fiduciary Duty Owed to Individual Students

Date: Mar 13, 2026

Child Victims Act/TCA: Public-School Vicarious Liability for Teacher Sexual Abuse Outside Scope of Employment Under a “Tacit Approval” Standard; No Fiduciary Duty Owed to Individual Students 1....

Tacit-Approval Test for Public School Vicarious Liability Under N.J.S.A. 59:2-1.3(a)(1) (Child Victims Act)

Date: Mar 13, 2026

Tacit-Approval Test for Public School Vicarious Liability Under N.J.S.A. 59:2-1.3(a)(1) (Child Victims Act) Case: Russell Forde Hornor v. Upper Freehold Regional Board of Education (consolidated with...

Cowan v. New Jersey State Parole Board: A Two-Step Justification Requirement for Extended FETs Tied to Recidivism Risk

Date: Mar 12, 2026

Cowan v. New Jersey State Parole Board: A Two-Step Justification Requirement for Extended FETs Tied to Recidivism Risk Court: Supreme Court of New Jersey Date: March 10, 2026 Case: Horace Cowan v....

Cumulative Prosecutorial Prejudice: Pop-Culture Framing, Extra-Evidentiary Violence Narratives, and Search-Warrant “Target” References Can Require a New Trial

Date: Feb 27, 2026

Cumulative Prosecutorial Prejudice: Pop-Culture Framing, Extra-Evidentiary Violence Narratives, and Search-Warrant “Target” References Can Require a New Trial Case: State v. Gerald W. Butler...

No Automatic Re-Summoning of Jury Pools After EO 411 Absent a Proven Fair-Cross-Section Violation (State v. Gilliano)

Date: Feb 27, 2026

No Automatic Re-Summoning of Jury Pools After EO 411 Absent a Proven Fair-Cross-Section Violation (State v. Gilliano) I. Introduction State v. Walter J. Gilliano (Supreme Court of New Jersey, Feb....