New Jersey Case Commentaries

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

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

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)

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

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

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

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

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

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)...

Supreme Court of NJ Reaffirms Pukowsky Test: Broadening Employee Definition under CEPA

Date: Jul 26, 2007

Supreme Court of New Jersey Reaffirms Pukowsky Test: Broadening Employee Definition under CEPA Introduction The case of George D'Annunzio v. Prudential Insurance Company of America (Supreme Court of...

Establishing Strickland Standard for Effective Counsel in Parental Termination Proceedings

Date: Jul 26, 2007

Establishing Strickland Standard for Effective Counsel in Parental Termination Proceedings Introduction The Supreme Court of New Jersey, in the landmark case New Jersey Division of Youth and Family...

Municipal Vicarious Liability for Retaliatory Termination: STOMEL v. CITY OF CAMDEN

Date: Jul 26, 2007

Municipal Vicarious Liability for Retaliatory Termination: STOMEL v. CITY OF CAMDEN Introduction The case of Elliot S. STOMEL v. CITY OF CAMDEN, adjudicated by the Supreme Court of New Jersey on July...

Redefining Traumatic Events in Accidental Disability Retirement: Richardson v. Board of Trustees

Date: Jul 25, 2007

Redefining Traumatic Events in Accidental Disability Retirement: Richardson v. Board of Trustees Introduction In the landmark case of Stewart A. Richardson v. Board of Trustees, Police and Firemen's...

Termination of Public Employee for Severe Misconduct: In re Tammy Herrmann

Date: Jul 17, 2007

Termination of Public Employee for Severe Misconduct: In re Tammy Herrmann Introduction In the Matter of Tammy Herrmann (192 N.J. 19), adjudicated by the Supreme Court of New Jersey on July 16, 2007,...

Obstruction as an Intervening Act: Preserving Evidence Post-Unconstitutional Stop

Date: Jul 13, 2007

Obstruction as an Intervening Act: Preserving Evidence Post-Unconstitutional Stop Introduction State of New Jersey v. Marcellus R. Williams is a landmark decision by the Supreme Court of New Jersey...

Protective Parenting: NJ Supreme Court Clarifies Standards for Terminating Parental Rights

Date: Jul 10, 2007

Protective Parenting: NJ Supreme Court Clarifies Standards for Terminating Parental Rights Introduction In the landmark case New Jersey Division of Youth and Family Services v. G.L., 191 N.J. 596...

Supreme Court Upholds Termination in Police Misconduct Case: Carter v. Bordentown

Date: Jun 21, 2007

Supreme Court Upholds Termination in Police Misconduct Case: Carter v. Bordentown Introduction In the landmark case of John Carter v. Township of Bordentown, the Supreme Court of New Jersey addressed...

New Jersey Supreme Court Establishes Limits on Public Nuisance Claims in Lead Paint Litigation

Date: Jun 16, 2007

New Jersey Supreme Court Establishes Limits on Public Nuisance Claims in Lead Paint Litigation Introduction In the landmark case In Re Lead Paint Litigation. (191 N.J. 405), decided on June 15, 2007,...

Redefining 'Blighted Areas': N.J. Supreme Court Strikes Down Overbroad Application of Redevelopment Authority

Date: Jun 14, 2007

Redefining 'Blighted Areas': N.J. Supreme Court Strikes Down Overbroad Application of Redevelopment Authority Introduction In the landmark case of Gallenthin Realty Development, Inc. et al. v....

Baures Standard Extended to International Child Relocation in MacKinnon v. MacKinnon

Date: Jun 12, 2007

Extending the Baures Standard to International Child Relocation: An Analysis of MacKinnon v. MacKinnon Introduction MacKinnon v. MacKinnon, 191 N.J. 240 (2007), is a landmark decision by the Supreme...