New Jersey Case Commentaries

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...

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

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

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

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

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

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

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

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

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

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

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

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...

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