New Jersey Case Commentaries

Interpretation of Service of Suit Clauses in Insurance Policies: Chubb v. Prudential Sets New Precedent

Date: Jun 27, 2008

Interpretation of Service of Suit Clauses in Insurance Policies: Chubb v. Prudential Sets New Precedent Introduction The case of Chubb Custom Insurance Company, Federal Insurance Company and...

STATE v. BARDEN: Establishing Limits on Admitting Prior Bad Acts Under N.J.R.E. 404(b)

Date: Jun 25, 2008

STATE v. BARDEN: Establishing Limits on Admitting Prior Bad Acts Under N.J.R.E. 404(b) Introduction In the landmark case of State of New Jersey v. Diara Barden, 195 N.J. 375 (2008), the Supreme Court...

New Jersey Supreme Court Upholds Admission of Child's Excited Hearsay Statements under Confrontation Clause

Date: Jun 24, 2008

New Jersey Supreme Court Upholds Admission of Child's Excited Hearsay Statements under Confrontation Clause Introduction In the case of State of New Jersey v. Ryan Buda, the Supreme Court of New...

Testimonial Hearsay and the Confrontation Clause: Insights from STATE OF NEW JERSEY IN THE INTEREST OF J.A. (2008)

Date: Jun 24, 2008

Testimonial Hearsay and the Confrontation Clause: Insights from STATE OF NEW JERSEY IN THE INTEREST OF J.A. (2008) Introduction The case of STATE OF NEW JERSEY IN THE INTEREST OF J.A. (195 N.J. 324)...

Admissibility of Asperger's Disorder Expert Testimony in Criminal Defense: State of New Jersey v. Franklin Jack Burr II

Date: Jun 12, 2008

Admissibility of Asperger's Disorder Expert Testimony in Criminal Defense: State of New Jersey v. Franklin Jack Burr II Introduction The case of State of New Jersey v. Franklin Jack Burr II presents...

Non-Disclosure of Expunged Convictions and Protection Against Workplace Discrimination: NJ Supreme Court's Ruling in Cicchetti v. Morris County Sheriff's Office

Date: May 29, 2008

Non-Disclosure of Expunged Convictions and Protection Against Workplace Discrimination: NJ Supreme Court's Ruling in Cicchetti v. Morris County Sheriff's Office Introduction The case of John...

Employer-Induced Commuting Changes as Good Cause for Resignation: Utley v. Board of Review

Date: May 16, 2008

Employer-Induced Commuting Changes as Good Cause for Resignation: Utley v. Board of Review Introduction Utley v. Board of Review, Department of Labor, and Myron Manufacturing Corporation is a...

Balancing Certificate of Need Applications and Urban Hospital Preservation: Insights from IN RE APPLICATION OF VIRTUA-WEST Jersey Hospital Voorhees

Date: Apr 24, 2008

Balancing Certificate of Need Applications and Urban Hospital Preservation: Insights from IN RE APPLICATION OF VIRTUA-WEST Jersey Hospital Voorhees Introduction The IN RE APPLICATION OF VIRTUA-WEST...

Expanding 'Spouses' in Charitable Trusts to Include Surviving Spouses: In-Depth Commentary on In re John Seward Johnson 1961 Charitable Trust

Date: Apr 4, 2008

Expanding 'Spouses' in Charitable Trusts to Include Surviving Spouses: In-Depth Commentary on In re John Seward Johnson 1961 Charitable Trust Introduction The case of In re John Seward Johnson 1961...

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

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

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

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

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

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

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

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

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

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

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...