New Jersey Case Commentaries

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

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

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

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

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

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

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

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...

State v. Blackmon: Affirming the Limits of Allocution Rights for Defendant’s Family Members in Sentencing Proceedings

Date: Jun 10, 2010

State v. Blackmon: Affirming the Limits of Allocution Rights for Defendant’s Family Members in Sentencing Proceedings Introduction State of New Jersey v. Karlton L. Blackmon, 202 N.J. 283 (2010),...

Legal Malpractice Claims Post-Settlement: Insights from Guido v. Duane Morris LLP

Date: Jun 9, 2010

Legal Malpractice Claims Post-Settlement: Insights from Guido v. Duane Morris LLP Introduction The Supreme Court of New Jersey's decision in Guido v. Duane Morris LLP, 202 N.J. 468, 983 A.2d 196...

Supreme Court Upholds Arbitrator's Discretion in Determining Just Cause and Remedies

Date: Jun 9, 2010

Supreme Court Upholds Arbitrator's Discretion in Determining Just Cause and Remedies Introduction The case of Linden Board of Education v. Linden Education Association on behalf of John Mizichko (202...

Reaffirming Totality of Circumstances for Tender Years Statements and Restricting Other-Crimes Evidence: State of New Jersey v. P.S.

Date: Jun 8, 2010

Reaffirming Totality of Circumstances for Tender Years Statements and Restricting Other-Crimes Evidence: State of New Jersey v. P.S. Introduction In State of New Jersey v. P.S. (2010), the Supreme...

Supreme Court of New Jersey Reinforces Strict Standards for Termination of Parental Rights

Date: Jun 2, 2010

Supreme Court of New Jersey Reinforces Strict Standards for Termination of Parental Rights Introduction In the case of New Jersey Division of Youth and Family Services, Plaintiff, v. I.S., Defendant,...

Interpretation of N.J.S.A. 18A:6-7a: Implications for Tenured Teachers Post-Unfounded DCF Findings

Date: May 13, 2010

Interpretation of N.J.S.A. 18A:6-7a: Implications for Tenured Teachers Post-Unfounded DCF Findings Introduction In the Supreme Court of New Jersey case Young v. Commissioner of Education (202 N.J....

Expansion of Fair-Report Privilege to Include Initial Court Pleadings: SALZANO v. NORTH JERSEY MEDIA GROUP Inc.

Date: May 12, 2010

Expansion of Fair-Report Privilege to Include Initial Court Pleadings: SALZANO v. NORTH JERSEY MEDIA GROUP Inc. Introduction In the landmark case of SALZANO v. NORTH JERSEY MEDIA GROUP Inc., the...

Defining 'Substantially Related' Matters Under RPC 1.9: Insights from CITY OF ATLANTIC CITY v. TRUPOS

Date: Apr 27, 2010

Defining 'Substantially Related' Matters Under RPC 1.9: Insights from CITY OF ATLANTIC CITY v. TRUPOS Introduction The Supreme Court of New Jersey's decision in City of Atlantic City v. Zachirias...

Doctrine of Invited Error in the Admissibility of Evidence in Child Abuse Proceedings: NJ Supreme Court Decision in DIVISION OF YOUTH AND FAMILY SERVICES v. M.C. III

Date: Apr 1, 2010

Doctrine of Invited Error in the Admissibility of Evidence in Child Abuse Proceedings: NJ Supreme Court Decision in Division of Youth and Family Services v. M.C. III Introduction The case of Division...

Limitation on Campaign Fund Usage for Criminal Defense: In re Election Law Enforcement Commission Advisory Opinion No. 01-2008

Date: Mar 9, 2010

Limitation on Campaign Fund Usage for Criminal Defense: In re Election Law Enforcement Commission Advisory Opinion No. 01-2008 Introduction The case of In re Election Law Enforcement Commission...

Clear and Convincing Evidence Standard in Vacating Kinship Legal Guardianship: NJ Supreme Court Establishes Rigorous Burden of Proof

Date: Feb 25, 2010

Clear and Convincing Evidence Standard in Vacating Kinship Legal Guardianship: NJ Supreme Court Establishes Rigorous Burden of Proof Introduction The case of New Jersey Division of Youth and Family...

Clarifying Mens Rea in Anti-Stalking Law: Insights from State v. Gandhi

Date: Feb 24, 2010

Clarifying Mens Rea in Anti-Stalking Law: Insights from State of New Jersey v. Gandhi Introduction In the landmark case of State of New Jersey v. Fareed M. Gandhi, adjudicated by the Supreme Court of...

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