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  • Commentaries
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New Jersey Case Commentaries

Insanity Defense Clarified: Legal and Moral Wrong Coextensive in State v. Winder

Insanity Defense Clarified: Legal and Moral Wrong Coextensive in State v. Winder

Date: Jul 29, 2009
Insanity Defense Clarified: Legal and Moral Wrong Coextensive in State v. Winder Introduction The case of State v. Lavar Winder (200 N.J. 231) represents a significant affirmation of the standards...
Ensuring Informed Pleas: Counsel's Duty to Advise Non-Citizen Defendants on Immigration Consequences

Ensuring Informed Pleas: Counsel's Duty to Advise Non-Citizen Defendants on Immigration Consequences

Date: Jul 28, 2009
Ensuring Informed Pleas: Counsel's Duty to Advise Non-Citizen Defendants on Immigration Consequences Introduction In the landmark case of State of New Jersey v. Núñez-Valdéz, the Supreme Court of New...
Reaffirmation of the Knock-and-Announce Rule and Appellate Review Boundaries in STATE v. ROBINSON

Reaffirmation of the Knock-and-Announce Rule and Appellate Review Boundaries in STATE v. ROBINSON

Date: Jul 23, 2009
Reaffirmation of the Knock-and-Announce Rule and Appellate Review Boundaries in State of New Jersey v. James Robinson Introduction State of New Jersey v. James Robinson, 200 N.J. 1 (2009), is a...
Limiting the Use of Clawans Charges Against Criminal Defendants: STATE v. HILL

Limiting the Use of Clawans Charges Against Criminal Defendants: STATE v. HILL

Date: Jul 15, 2009
Limiting the Use of Clawans Charges Against Criminal Defendants: STATE v. HILL Introduction The case of State of New Jersey v. Alonzo B. Hill (199 N.J. 545) presents a pivotal moment in New Jersey...
KHAN v. SINGH: New Jersey Supreme Court Clarifies Res Ipsa Loquitur in Medical Malpractice

KHAN v. SINGH: New Jersey Supreme Court Clarifies Res Ipsa Loquitur in Medical Malpractice

Date: Jul 10, 2009
KHAN v. SINGH: New Jersey Supreme Court Clarifies Res Ipsa Loquitur in Medical Malpractice Introduction In KHAN v. SINGH, 200 N.J. 82 (2009), the Supreme Court of New Jersey addressed critical...
Arbitration of Child Custody and Parenting Time: A New Precedent in Parental Autonomy

Arbitration of Child Custody and Parenting Time: A New Precedent in Parental Autonomy

Date: Jul 2, 2009
Arbitration of Child Custody and Parenting Time: A New Precedent in Parental Autonomy Introduction The case of Christine Saba Fawzy v. Samih M. Fawzy (199 N.J. 456) represents a significant...
Balancing Free Speech and Legal Remedies: Insights from LOBIONDO v. SCHWARTZ

Balancing Free Speech and Legal Remedies: Insights from LOBIONDO v. SCHWARTZ

Date: May 15, 2009
Balancing Free Speech and Legal Remedies: Insights from LOBIONDO v. SCHWARTZ Introduction LOBIONDO v. SCHWARTZ, decided by the Supreme Court of New Jersey on May 14, 2009, addresses the intricate...
Mandatory Reinstatement of Formerly Disabled Teachers under N.J.S.A. 18A:66-40(a): Klumb v. Board of Education

Mandatory Reinstatement of Formerly Disabled Teachers under N.J.S.A. 18A:66-40(a): Klumb v. Board of Education

Date: May 12, 2009
Mandatory Reinstatement of Formerly Disabled Teachers under N.J.S.A. 18A:66-40(a): Klumb v. Board of Education Introduction In Charlotte Klumb v. Board of Education of the Manalapan-Englishtown...
Divestiture as a Valid Remedy for License Overholding in N.J.S.A. 33:1-12.31 Compliance – Analysis of Circus Liquors, Inc. v. Governing Body of Middletown Township

Divestiture as a Valid Remedy for License Overholding in N.J.S.A. 33:1-12.31 Compliance – Analysis of Circus Liquors, Inc. v. Governing Body of Middletown Township

Date: May 7, 2009
Divestiture as a Valid Remedy for License Overholding in N.J.S.A. 33:1-12.31 Compliance – Analysis of Circus Liquors, Inc. v. Governing Body of Middletown Township Introduction Circus Liquors, Inc.,...
Supreme Court of New Jersey Reinforces Probable Cause Standard in Malicious Prosecution Claims: BRUNSON v. AFFINITY FEDERAL CREDIT UNION

Supreme Court of New Jersey Reinforces Probable Cause Standard in Malicious Prosecution Claims: BRUNSON v. AFFINITY FEDERAL CREDIT UNION

Date: May 6, 2009
Supreme Court of New Jersey Reinforces Probable Cause Standard in Malicious Prosecution Claims: BRUNSON v. AFFINITY FEDERAL CREDIT UNION Introduction The case of Howard D. BRUNSON v. AFFINITY FEDERAL...
Balancing Transparency and Privacy: Redaction of Social Security Numbers under OPRA in BURNETT v. COUNTY OF BERGEN

Balancing Transparency and Privacy: Redaction of Social Security Numbers under OPRA in BURNETT v. COUNTY OF BERGEN

Date: Apr 28, 2009
Balancing Transparency and Privacy: Redaction of Social Security Numbers under OPRA in BURNETT v. COUNTY OF BERGEN Introduction BURNETT v. COUNTY OF BERGEN is a seminal case adjudicated by the...
Clarifying Qualified Immunity for Educational and Medical Personnel: LEANG v. JERSEY City Board of Education

Clarifying Qualified Immunity for Educational and Medical Personnel: LEANG v. JERSEY City Board of Education

Date: Apr 17, 2009
Clarifying Qualified Immunity for Educational and Medical Personnel: LEANG v. JERSEY City Board of Education Introduction The case of Sophaire Leang and Song LEANG v. JERSEY City Board of Education...
Title Nine Custody Proceedings Standard Established in D.Y.F.S. v. G.M.

Title Nine Custody Proceedings Standard Established in D.Y.F.S. v. G.M.

Date: Apr 8, 2009
Title Nine Custody Proceedings Standard Established in D.Y.F.S. v. G.M. Introduction The case of New Jersey Division of Youth and Family Services (D.Y.F.S.) v. G.M. concerns a Title Nine abuse and...
Deliberative Process Privilege Expanded in ABBOTT v. BURKE

Deliberative Process Privilege Expanded in ABBOTT v. BURKE

Date: Mar 27, 2009
Deliberative Process Privilege Expanded in ABBOTT v. BURKE Introduction The landmark case of Education Law Center v. New Jersey Department of Education (ABBOTT v. BURKE) addresses the tension between...
Enforceability of Consent Judgments in Zoning Ordinance Challenges: Insights from DEG, LLC v. Township of Fairfield

Enforceability of Consent Judgments in Zoning Ordinance Challenges: Insights from DEG, LLC v. Township of Fairfield

Date: Mar 26, 2009
Enforceability of Consent Judgments in Zoning Ordinance Challenges: Insights from DEG, LLC v. Township of Fairfield Introduction The case of DEG, LLC v. Township of Fairfield delves into the...
State of New Jersey v. Terrence Echols: Reinforcing Standards for Ineffective Assistance of Counsel

State of New Jersey v. Terrence Echols: Reinforcing Standards for Ineffective Assistance of Counsel

Date: Mar 13, 2009
State of New Jersey v. Terrence Echols: Reinforcing Standards for Ineffective Assistance of Counsel Introduction In State of New Jersey v. Terrence Echols, 199 N.J. 344 (2009), the Supreme Court of...
STATE v. CASSADY: Affirming the Proper Application of Lesser-Included Offense Doctrine in Robbery Convictions

STATE v. CASSADY: Affirming the Proper Application of Lesser-Included Offense Doctrine in Robbery Convictions

Date: Mar 12, 2009
STATE v. CASSADY: Affirming the Proper Application of Lesser-Included Offense Doctrine in Robbery Convictions Introduction State of New Jersey v. Marcus Cassady, 198 N.J. 165 (2009), represents a...
Impact of Improper Admission of Prior Bad Acts and Restraining Orders: State v. Vallejo

Impact of Improper Admission of Prior Bad Acts and Restraining Orders: State v. Vallejo

Date: Mar 11, 2009
Impact of Improper Admission of Prior Bad Acts and Restraining Orders: State v. Vallejo Introduction In the landmark case State of New Jersey v. Diego Vallejo, 198 N.J. 122 (2009), the Supreme Court...
No PIP Benefits for Unauthorized Occupants of Stolen Vehicles: Insights from HARDY v. ABDUL-MATIN

No PIP Benefits for Unauthorized Occupants of Stolen Vehicles: Insights from HARDY v. ABDUL-MATIN

Date: Mar 6, 2009
No PIP Benefits for Unauthorized Occupants of Stolen Vehicles: Insights from HARDY v. ABDUL-MATIN Introduction The Supreme Court of New Jersey's decision in HARDY v. ABDUL-MATIN established a pivotal...
Limiting the Admissibility of MRI Reports in AICRA Litigation: Analysis of Agha v. Feiner

Limiting the Admissibility of MRI Reports in AICRA Litigation: Analysis of Agha v. Feiner

Date: Feb 27, 2009
Limiting the Admissibility of MRI Reports in AICRA Litigation: Analysis of Agha v. Feiner Introduction In the landmark case of Mahmoud Agha v. Valerie M. Feiner and Barbara A. Delillo, decided by the...
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