New Jersey Case Commentaries

PUDER v. BUECHEL: Judicial Estoppel and the Finality of Settlements in Legal Malpractice Claims

Date: Jun 8, 2005

PUDER v. BUECHEL: Judicial Estoppel and the Finality of Settlements in Legal Malpractice Claims 1. Introduction In the landmark case of PUDER v. BUECHEL, 183 N.J. 428 (2005), the Supreme Court of New...

State of New Jersey v. R.B.: Upholding Tender Years Exception and CSAAS Testimony in Child Sexual Abuse Cases

Date: May 24, 2005

State of New Jersey v. R.B.: Upholding Tender Years Exception and CSAAS Testimony in Child Sexual Abuse Cases Introduction State of New Jersey v. R.B. is a pivotal case decided by the Supreme Court...

Clarifying 'Ascertainable Loss' under the New Jersey Consumer Fraud Act: THIEDEMANN v. MERCEDES-BENZ USA

Date: May 19, 2005

Clarifying 'Ascertainable Loss' under the New Jersey Consumer Fraud Act: THIEDEMANN v. MERCEDES-BENZ USA Introduction The case of THIEDEMANN v. MERCEDES-BENZ USA, LLC addresses crucial issues...

Marital Fault and Alimony in New Jersey: Mani v. Mani Establishes New Precedent

Date: Apr 7, 2005

Marital Fault and Alimony in New Jersey: Mani v. Mani Establishes New Precedent Introduction The landmark case of Brenda Mani v. James J. Mani, decided by the Supreme Court of New Jersey on April 6,...

Silence 'At or Near' Arrest Constitutes Privilege Against Self-Incrimination: State v. Muhammed

Date: Mar 16, 2005

Silence 'At or Near' Arrest Constitutes Privilege Against Self-Incrimination: State v. Muhammed Introduction In the landmark case of State of New Jersey v. Naseem Abdul Muhammad (182 N.J. 551, 2005),...

Limitations on the 'Cost of Doing Business' Aggravating Factor in First-Degree Robbery Sentencing

Date: Mar 4, 2005

Limitations on the 'Cost of Doing Business' Aggravating Factor in First-Degree Robbery Sentencing Introduction The case of State of New Jersey v. Daniel J. Dalziel (182 N.J. 494) presents a...

Limitations on Discretionary Immunity: NJ Supreme Court in COYNE v. STATE

Date: Mar 3, 2005

Limitations on Discretionary Immunity: NJ Supreme Court in COYNE v. STATE Introduction In COYNE v. STATE, the Supreme Court of New Jersey addressed critical issues concerning the application of...

Objective Qualification Suffices for Prima Facie Case in LAD Termination Claims

Date: Feb 25, 2005

Objective Qualification Suffices for Prima Facie Case in LAD Termination Claims Introduction The case Stewart Zive v. Stanley Roberts, Inc., decided by the Supreme Court of New Jersey on February 24,...

State v. Cotto: Upholding Identification Procedures and Clarifying Hearsay Exceptions in New Jersey

Date: Feb 2, 2005

State v. Cotto: Upholding Identification Procedures and Clarifying Hearsay Exceptions in New Jersey Introduction State of New Jersey vs. Nathan Cotto is a pivotal case adjudicated by the Supreme...

Reaffirming Defendants' Confrontation Rights: Limits on Hearsay and Excited Utterance Exceptions in State v. Alexander Branch

Date: Feb 2, 2005

Reaffirming Defendants' Confrontation Rights: Limits on Hearsay and Excited Utterance Exceptions in State v. Alexander Branch Introduction State of New Jersey v. Alexander Branch is a pivotal...

Imputing Income in High-Income Child Support Cases: Insights from CAPLAN v. CAPLAN

Date: Jan 28, 2005

Imputing Income in High-Income Child Support Cases: Insights from CAPLAN v. CAPLAN Introduction CAPLAN v. CAPLAN, 182 N.J. 250 (Supreme Court of New Jersey, 2005), addresses the critical issue of...

Mandatory Disclosure of Parole Supervision under NERA in State v. Johnson

Date: Jan 27, 2005

Mandatory Disclosure of Parole Supervision under NERA in State of New Jersey v. Kaa'wone Johnson Introduction State of New Jersey v. Kaa'wone Johnson (182 N.J. 232, 852 A.2d 191) is a landmark...

Enforcement of the Covenant of Good Faith and Fair Dealing in Commercial Lease Options: Insights from Brunswick Hills Racquet Club v. Route 18 Shopping Center Associates

Date: Jan 26, 2005

Enforcement of the Covenant of Good Faith and Fair Dealing in Commercial Lease Options: Insights from Brunswick Hills Racquet Club, Inc. v. Route 18 Shopping Center Associates 1. Introduction The...

Employer Directive in Non-Standard Activities Falls Within Course of Employment for Workers' Compensation

Date: Dec 22, 2004

Employer Directive in Non-Standard Activities Falls Within Course of Employment for Workers' Compensation Introduction The case of Robert Sager v. O.A. Peterson Construction Co., adjudicated by the...

Prohibition of Generic Prosecutorial Accusations of Tailoring in Summations

Date: Dec 15, 2004

Prohibition of Generic Prosecutorial Accusations of Tailoring in Summations Introduction In State of New Jersey v. Ahmad Daniels (2004), the Supreme Court of New Jersey addressed a critical issue...

Reaffirmation of Joint Tortfeasor Contribution Standards: CHERRY HILL MANOR ASSOCIATES v. FAUGNO

Date: Dec 7, 2004

Reaffirmation of Joint Tortfeasor Contribution Standards: CHERRY HILL MANOR ASSOCIATES v. FAUGNO Introduction The case of CHERRY HILL MANOR ASSOCIATES v. FAUGNO, adjudicated by the Supreme Court of...

Replacement Value as Ascertainable Loss under the New Jersey Consumer Fraud Act in Furst v. Einstein-Moomjy, Inc.

Date: Nov 16, 2004

Replacement Value as Ascertainable Loss under the New Jersey Consumer Fraud Act: Insights from Furst v. Einstein-Moomjy, Inc. Introduction The Supreme Court of New Jersey's decision in Furst v....

Enhancing Fairness in Capital Sentencing: NJ Supreme Court Establishes Mandatory Standby Counsel for Pro Se Defendants in Death Penalty Cases

Date: Nov 11, 2004

Enhancing Fairness in Capital Sentencing: NJ Supreme Court Establishes Mandatory Standby Counsel for Pro Se Defendants in Death Penalty Cases Introduction The case of State of New Jersey v. Charles...

State of New Jersey v. Harris (181 N.J. 391): Upholding Capital Sentencing Integrity through de Novo Appellate Review of Post-Conviction Claims

Date: Oct 20, 2004

State of New Jersey v. Harris (181 N.J. 391): Upholding Capital Sentencing Integrity through de Novo Appellate Review of Post-Conviction Claims Introduction In the landmark case of State of New...

Tarr v. Ciasulli: Broadening Emotional Distress Damages under New Jersey's Law Against Discrimination

Date: Aug 10, 2004

Tarr v. Ciasulli: Broadening Emotional Distress Damages under New Jersey's Law Against Discrimination Introduction In Tarr v. Bob Ciasulli and Bob Ciasulli's MackAuto Mall, Inc., the Supreme Court of...

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