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  • Commentaries
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New Jersey Case Commentaries

Limits of Developer's Agreements Under MLUL: Insights from Toll Bros. v. Burlington County

Limits of Developer's Agreements Under MLUL: Insights from Toll Bros. v. Burlington County

Date: Apr 1, 2008
Limits of Developer's Agreements Under MLUL: Insights from Toll Bros. v. Burlington County Introduction The case of Toll Bros., Inc. and Laurel Creek, L.P. v. Board of Chosen Freeholders of the...
Reliability Over Suggestiveness: Upholding Out-of-Court Identifications in STATE v. ADAMS and Comer

Reliability Over Suggestiveness: Upholding Out-of-Court Identifications in STATE v. ADAMS and Comer

Date: Mar 27, 2008
Reliability Over Suggestiveness: Upholding Out-of-Court Identifications in STATE v. ADAMS and Comer Introduction In the landmark case of State of New Jersey v. Ibn Adams and James Comer, adjudicated...
Recognition of Mental-Mental Injuries for Accidental Disability Retirements in New Jersey

Recognition of Mental-Mental Injuries for Accidental Disability Retirements in New Jersey

Date: Mar 12, 2008
Recognition of Mental-Mental Injuries for Accidental Disability Retirements in New Jersey Introduction The Supreme Court of New Jersey, in the landmark decision of Patterson v. Board of Trustees,...
Admissibility of Expert Testimony in Personal Injury Cases: HISENAJ v. KUEHNER

Admissibility of Expert Testimony in Personal Injury Cases: HISENAJ v. KUEHNER

Date: Mar 7, 2008
Admissibility of Expert Testimony in Personal Injury Cases: HISENAJ v. KUEHNER Introduction Hajrie Hisenaj and her husband, Binak Hisenaj, filed a personal injury lawsuit against Amanda L. Kuehner...
Retroactive Application of Estate Tax Law and the Doctrine of Manifest Injustice: Oberhand v. Director, Division of Taxation

Retroactive Application of Estate Tax Law and the Doctrine of Manifest Injustice: Oberhand v. Director, Division of Taxation

Date: Feb 28, 2008
Retroactive Application of Estate Tax Law and the Doctrine of Manifest Injustice: Oberhand v. Director, Division of Taxation Introduction The case of Robert Oberhand, as Executor of the Estate of...
Enhanced Standing in Warrantless Searches: STATE OF NEW JERSEY v. ANDRE JOHNSON

Enhanced Standing in Warrantless Searches: STATE OF NEW JERSEY v. ANDRE JOHNSON

Date: Feb 27, 2008
Enhanced Standing in Warrantless Searches: STATE OF NEW JERSEY v. ANDRE JOHNSON Introduction In the case of State of New Jersey, Plaintiff-Appellant, v. Andre Johnson, A/K/A Andrecarter, Mazi Yazio...
Supreme Court of NJ Limits Doctrine of Laches in Foreclosure Cases with Procedural Deficiencies

Supreme Court of NJ Limits Doctrine of Laches in Foreclosure Cases with Procedural Deficiencies

Date: Feb 22, 2008
Supreme Court of NJ Limits Doctrine of Laches in Foreclosure Cases with Procedural Deficiencies Introduction In the landmark case of United States of America v. Barbara Scurry and Kevin Scurry, the...
Clarifying the Scope of 'Continuing Criminal Enterprise' in Pretrial Intervention: STATE v. WATKINS

Clarifying the Scope of 'Continuing Criminal Enterprise' in Pretrial Intervention: STATE v. WATKINS

Date: Feb 22, 2008
Clarifying the Scope of 'Continuing Criminal Enterprise' in Pretrial Intervention: STATE v. WATKINS Introduction The case of State of New Jersey v. Charles A. Watkins III (193 N.J. 507) adjudicated...
Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro

Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro

Date: Jan 30, 2008
Strickland/Fritz Standard Reinforced in Post-Conviction Relief: State of New Jersey v. William J. Allegro Introduction In the landmark case of State of New Jersey v. William J. Allegro, the Supreme...
Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz

Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz

Date: Jan 29, 2008
Reversal of Murder Conviction Due to Cumulative Trial Errors in Self-Defense Claim: State v. Jenewicz Introduction State of New Jersey v. George Jenewicz is a landmark case adjudicated by the Supreme...
Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard

Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard

Date: Jan 19, 2008
Enhancing Disciplinary Sanctions for Noncooperation: The Kivler Standard Introduction The case of Russell T. Kivler, an attorney admitted to practice law in New Jersey since 1973, presents a...
Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination

Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination

Date: Dec 21, 2007
Question-First, Warn-Later Interrogation Violates New Jersey's Privilege Against Self-Incrimination Introduction In the landmark case of State of New Jersey v. Michael A. O'Neill (193 N.J. 148), the...
Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies

Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies

Date: Dec 13, 2007
Extending Anti-Eviction Protections to Surviving Family Members as Functional Co-Tenants in Section 8 Tenancies Introduction Robert Maglies v. Estate of Bertha Guy, 193 N.J. 108 (2007), is a landmark...
New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases

New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases

Date: Nov 9, 2007
New Jersey Supreme Court Establishes Rigorous Standards for Admissibility of Alcotest Breath Test Evidence in DWI Cases Introduction In the landmark case of State of New Jersey v. Jane H. Chun et al....
STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b)

STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b)

Date: Nov 6, 2007
STATE v. LYKES: Affirming Limited Use of Prior Convictions for Impeachment under N.J.R.E. 404(b) Introduction State of New Jersey v. Thomas Lykes is a pivotal case adjudicated by the Supreme Court of...
Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case

Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case

Date: Sep 7, 2007
Supreme Court of New Jersey Reverses Nationwide Class Certification in Vioxx Consumer Fraud Case Introduction The case International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck...
Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti

Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti

Date: Aug 1, 2007
Displaced Fractures and AICRA Thresholds: An Analysis of Johnson v. Scaccetti Introduction The case of Tracey A. Johnson and Christopher Johnson, Her Husband, Plaintiffs-Respondents, v. Benedict A....
Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of NJ v. Elders

Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of NJ v. Elders

Date: Jul 31, 2007
Affirming 'Carty' Standard for Consent Searches of Disabled Vehicles on Highways: State of New Jersey v. Elders Introduction In the landmark case of State of New Jersey v. Elders, the Supreme Court...
Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS

Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS

Date: Jul 27, 2007
Partial Witness Refusals and the Confrontation Clause: New Precedent in STATE OF NEW JERSEY v. RONALD BURNS Introduction The case of STATE OF NEW JERSEY v. RONALD BURNS, decided by the Supreme Court...
Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations

Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations

Date: Jul 27, 2007
Twin Rivers v. TRHA: Defining Free Speech Boundaries in Private Community Associations Introduction The case of Twin Rivers Homeowners' Association (TRHA) v. Committee for a Better Twin Rivers (CBTR)...
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