New Jersey Case Commentaries

Affirming the Actual Malice Standard in Defamation Claims: Durando and Dotoli v. The Nutley Sun

Date: Feb 29, 2012

Affirming the Actual Malice Standard in Defamation Claims: Durando and Dotoli v. The Nutley Sun Introduction In the seminal case of Durando and Dotoli v. The Nutley Sun, the Supreme Court of New...

Strict Compliance with Fair Foreclosure Act Notice Requirements Affirmed and Expanded

Date: Feb 28, 2012

Strict Compliance with Fair Foreclosure Act Notice Requirements Affirmed and Expanded Introduction In the landmark case US Bank National Association, as Trustee for CSAB Mortgage–Backed Pass–Through...

Admissibility of Remote Criminal Convictions via Intervening Disorderly Offenses – STATE v. HARRIS

Date: Feb 28, 2012

Admissibility of Remote Criminal Convictions via Intervening Disorderly Offenses – STATE v. HARRIS Introduction State v. Derrick Harris, Sr. is a pivotal case adjudicated by the Supreme Court of New...

Limitation on Multiple Extended-Term Sentences in Separate Proceedings Established in STATE of New Jersey v. Hudson

Date: Feb 7, 2012

Limitation on Multiple Extended-Term Sentences in Separate Proceedings Established in STATE of New Jersey v. Hudson Introduction In the landmark decision of STATE of New Jersey v. Hudson, 209 N.J....

Premises Liability: Reaffirming Duty to Licensee Police Officers in Unsafe Conditions

Date: Feb 3, 2012

Premises Liability: Reaffirming Duty to Licensee Police Officers in Unsafe Conditions Introduction The case of Willie C. Rowe and Karen Rowe v. Mazel Thirty, LLC and 40–50 Lenox Realty Associates,...

Admissibility of Police Officer Testimony in Photo Arrays: Clarification Post Lazo

Date: Feb 2, 2012

Admissibility of Police Officer Testimony in Photo Arrays: Clarification Post Lazo 1. Introduction The case of State of New Jersey v. Danny Lazo (209 N.J. 9, 2012) marks a significant development in...

Limitations on Physician Assistants' Authority to Perform Electrodiagnostic Tests: Insights from Selective Insurance Company of America v. Arthur C. Rothman

Date: Jan 20, 2012

Limitations on Physician Assistants' Authority to Perform Electrodiagnostic Tests: Insights from Selective Insurance Company of America v. Arthur C. Rothman Introduction The case of Selective...

Supreme Court Sets Clear Standards for Public Entity Liability under New Jersey Tort Claims Act

Date: Jan 19, 2012

Supreme Court Sets Clear Standards for Public Entity Liability under New Jersey Tort Claims Act Introduction The Supreme Court of New Jersey, in the landmark decision of Donald T. POLZO v. COUNTY OF...

Totality of Circumstances Approach Affirmed for Determining Invocation of Right to Silence

Date: Jan 13, 2012

Totality of Circumstances Approach Affirmed for Determining Invocation of Right to Silence Introduction In the landmark case of State of New Jersey v. Demetrius Diaz-Bridges, (208 N.J. 544, 2012),...

Affirmation of In Pari Delicto Defense in Corporate Fraud: Parmalat v. Citigroup

Date: Dec 23, 2011

Affirmation of In Pari Delicto Defense in Corporate Fraud: Parmalat v. Citigroup Introduction The judicial decision in Dr. Enrico Bondi v. Citigroup, Inc. serves as a pivotal case in understanding...

Reaffirmation of Strict Notice Requirements Under N.J. Tort Claims Act: Insights from McDADE v. SIAZON

Date: Dec 23, 2011

Reaffirmation of Strict Notice Requirements Under N.J. Tort Claims Act: Insights from McDADE v. SIAZON Introduction McDade and McDADE v. SIAZON et al. is a pivotal case adjudicated by the Supreme...

Neglect Findings and Parental Drug Use: Insights from New Jersey Appellate Division’s R.S. v. Division of Youth and Family Services Decision

Date: Dec 22, 2011

Neglect Findings and Parental Drug Use: Insights from New Jersey Appellate Division’s R.S. v. Division of Youth and Family Services Decision Introduction The case of New Jersey Division of Youth and...

Interpreting N.J.S.A. 39:4-88(b): Distinct Offenses for Lane Maintenance and Safe Lane Changing

Date: Dec 15, 2011

Interpreting N.J.S.A. 39:4-88(b): Distinct Offenses for Lane Maintenance and Safe Lane Changing Introduction The case of State of New Jersey v. Reynold Regis (208 N.J. 439) presents a pivotal...

State v. Yough: Upholding Trial Court Discretion in Preventing Unnecessary Mistrials

Date: Dec 1, 2011

State v. Yough: Upholding Trial Court Discretion in Preventing Unnecessary Mistrials Introduction The case of State of New Jersey v. Stanford Yough (208 N.J. 385) adjudicated by the Supreme Court of...

Revising Eyewitness Identification Procedures: NJ Supreme Court in STATE v. HENDERSON

Date: Aug 25, 2011

Revising Eyewitness Identification Procedures: NJ Supreme Court in STATE v. HENDERSON Introduction In State of New Jersey v. Larry R. Henderson (208 N.J. 208), decided on August 24, 2011, the Supreme...

Clarifying 'Minimum Degree of Care' in Child Neglect: NJ Supreme Court Sets New Precedent

Date: Aug 9, 2011

Clarifying 'Minimum Degree of Care' in Child Neglect: NJ Supreme Court Sets New Precedent Introduction In the landmark decision of Department of Children and Families, Division of Youth and Family...

J.D. v. M.D.F.: Upholding Due Process in Domestic Violence Proceedings

Date: Jul 29, 2011

J.D. v. M.D.F.: Upholding Due Process in Domestic Violence Proceedings Introduction The case of J.D. v. M.D.F., decided by the Supreme Court of New Jersey on July 28, 2011, addresses critical issues...

Residential vs Commercial Property Liability for Sidewalk Maintenance: Analysis of LUCHEJKO v. CITY OF HOBOKEN

Date: Jul 28, 2011

Residential vs Commercial Property Liability for Sidewalk Maintenance: Analysis of LUCHEJKO v. CITY OF HOBOKEN Introduction In LUCHEJKO v. CITY OF HOBOKEN, the Supreme Court of New Jersey reaffirmed...

Pomerantz Paper Corp. v. New Community Corporation: Reinforcing the Perfect Tender Rule under UCC

Date: Jul 26, 2011

Pomerantz Paper Corp. v. New Community Corporation: Reinforcing the Perfect Tender Rule under UCC Introduction The Supreme Court of New Jersey's decision in Pomerantz Paper Corporation v. New...

Effective Assistance of Counsel and Plea Agreement Restrictions: STATE v. HESS

Date: Jul 22, 2011

Effective Assistance of Counsel and Plea Agreement Restrictions: STATE v. HESS Introduction Case: State of New Jersey v. Marie Hess (207 N.J. 123) Court: Supreme Court of New Jersey Date: July 21,...