New Jersey Case Commentaries

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...

Municipal Court Judge Recusal Standards: New Precedent in STATE v. McCABE

Date: Jan 26, 2010

Municipal Court Judge Recusal Standards: New Precedent in State of New Jersey v. Terence McCabe Introduction The case of State of New Jersey v. Terence McCabe, decided by the Supreme Court of New...

Affirmation of Sentencing Discretion in STATE v. BIENIEK: Upholding Trial Court’s Authority under NJ Criminal Code

Date: Jan 22, 2010

Affirmation of Sentencing Discretion in STATE v. BIENIEK: Upholding Trial Court’s Authority under NJ Criminal Code Introduction State of New Jersey, Plaintiff-Appellant, v. Cory J. Bieniek,...

New Precedent on Statute of Limitations for Retaliation Claims under New Jersey's Law Against Discrimination

Date: Jan 15, 2010

New Precedent on Statute of Limitations for Retaliation Claims under New Jersey's Law Against Discrimination Introduction The case of Fernando Roa and Liliana Roa v. LaFe and MarinoRoa marked a...

Distinct Standards of Probable Cause for Search and Arrest Established in STATE v. CHIPPERO

Date: Dec 30, 2009

Distinct Standards of Probable Cause for Search and Arrest Established in State of New Jersey v. Richard Chippero Introduction The Supreme Court of New Jersey, in the landmark case State of New...

Limitation-on-Lawsuit Threshold Clarified under New Jersey's Deemer Statute

Date: Dec 18, 2009

Limitation-on-Lawsuit Threshold Clarified under New Jersey's Deemer Statute Introduction The case of Edward Zabilowicz v. Roslyne Kelsey, decided by the Supreme Court of New Jersey on December 17,...

Interpretation of "Prior Offense" in N.J. Unsafe Driving Statute: Patel v. New Jersey Motor Vehicle Commission

Date: Nov 11, 2009

Interpretation of "Prior Offense" in N.J. Unsafe Driving Statute: Patel v. New Jersey Motor Vehicle Commission Introduction In the landmark case Hina K. Patel v. New Jersey Motor Vehicle Commission,...

Balancing Contractual Fee-Shifting Provisions and Proportionality: Insights from Litton Industries v. IMO Industries, Inc.

Date: Nov 3, 2009

Balancing Contractual Fee-Shifting Provisions and Proportionality: Insights from Litton Industries v. IMO Industries, Inc. Introduction The case of Litton Industries, Inc. and Litton Systems, Inc. v....

Separate Regulatory Frameworks for Interment and Disinterment Affirm Decedent's Burial Intent

Date: Sep 25, 2009

Separate Regulatory Frameworks for Interment and Disinterment Affirm Decedent's Burial Intent Introduction In the landmark case of Joan Marino v. Larry L. Marino, Jr. et al., the Supreme Court of New...

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