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  • Commentaries
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New Jersey Case Commentaries

N.J.S.A. 56:8-2.11 Refund Provision Limited to Food Misrepresentations: Insights from DeSimone v. Springpoint

N.J.S.A. 56:8-2.11 Refund Provision Limited to Food Misrepresentations: Insights from DeSimone v. Springpoint

Date: Jan 11, 2024
N.J.S.A. 56:8-2.11 Refund Provision Limited to Food Misrepresentations: Insights from DeSimone v. Springpoint Introduction The case William DeSimone, as Executor of the Estate of Evelyn DeSimone,...
Religious Tenets Exception Affirmed as an Affirmative Defense under NJ LAD

Religious Tenets Exception Affirmed as an Affirmative Defense under NJ LAD

Date: Aug 15, 2023
Religious Tenets Exception Affirmed as an Affirmative Defense under New Jersey Law Against Discrimination Introduction In the landmark case Victoria Crisitello v. St. Theresa School, the Supreme...
Immunity Under the New Jersey Tort Claims Act in Inmate Suicide Negligence: Conforti v. County of Ocean

Immunity Under the New Jersey Tort Claims Act in Inmate Suicide Negligence: Conforti v. County of Ocean

Date: Aug 11, 2023
Immunity Under the New Jersey Tort Claims Act in Inmate Suicide Negligence: Conforti v. County of Ocean Introduction In the landmark case of Carol Ann Conforti v. County of Ocean, the Supreme Court...
Supreme Court of New Jersey Upholds Consumer Protection in Cable Service Billing

Supreme Court of New Jersey Upholds Consumer Protection in Cable Service Billing

Date: Apr 4, 2023
Supreme Court of New Jersey Upholds Consumer Protection in Cable Service Billing Introduction The Supreme Court of New Jersey addressed a pivotal case involving Altice USA, Inc.'s compliance with...
Reaffirmation of 'Unforeseeable and Spontaneous' Requirement for Automobile Exception under State v. Witt

Reaffirmation of 'Unforeseeable and Spontaneous' Requirement for Automobile Exception under State v. Witt

Date: Mar 9, 2023
Reaffirmation of 'Unforeseeable and Spontaneous' Requirement for Automobile Exception under State v. Witt Introduction In the landmark case State of New Jersey v. Kyle A. Smart (253 N.J. 156), the...
Adoption of Daubert Standard for Expert Testimony in Criminal Cases: Analysis of State v. Olenowski

Adoption of Daubert Standard for Expert Testimony in Criminal Cases: Analysis of State v. Olenowski

Date: Feb 18, 2023
Adoption of Daubert Standard for Expert Testimony in Criminal Cases: Analysis of State v. Olenowski Introduction State of New Jersey, Plaintiff-Respondent, v. Michael Olenowski, Defendant-Appellant...
State v. Gomes and State v. Sheira: Reinterpreting PTI Eligibility Post-CREAMMA

State v. Gomes and State v. Sheira: Reinterpreting PTI Eligibility Post-CREAMMA

Date: Feb 15, 2023
State v. Gomes and State v. Sheira: Reinterpreting PTI Eligibility Post-CREAMMA Introduction The cases of State of New Jersey v. Richard Gomes and State of New Jersey v. Moataz M. Sheira address the...
New Precedent on TCA Notice Requirements for Child Sexual Abuse Claims Established in W.S. v. Hildreth

New Precedent on TCA Notice Requirements for Child Sexual Abuse Claims Established in W.S. v. Hildreth

Date: Jan 19, 2023
New Precedent on TCA Notice Requirements for Child Sexual Abuse Claims Established in W.S. v. Hildreth Introduction In the landmark case of W.S. v. Derek Hildreth, et al., the Supreme Court of New...
Broad Interpretation of Designated Counties Exclusion in Commercial Liability Insurance

Broad Interpretation of Designated Counties Exclusion in Commercial Liability Insurance

Date: Aug 11, 2022
Broad Interpretation of Designated Counties Exclusion in Commercial Liability Insurance Introduction The case of Norman International, Inc., and Richfield Window Coverings, LLC, d/b/a Nien Made...
Rigorous Application of Prong C of the ABC Test Reinforces Employee Classification: East Bay Drywall v. Department of Labor

Rigorous Application of Prong C of the ABC Test Reinforces Employee Classification: East Bay Drywall v. Department of Labor

Date: Aug 3, 2022
Rigorous Application of Prong C of the ABC Test Reinforces Employee Classification: East Bay Drywall v. Department of Labor Introduction The landmark case of East Bay Drywall, LLC v. Department of...
State of New Jersey v. Nazier D. Goldsmith: Reinforcing the Requirement for Specific and Articulable Suspicion in Investigatory Stops

State of New Jersey v. Nazier D. Goldsmith: Reinforcing the Requirement for Specific and Articulable Suspicion in Investigatory Stops

Date: Jul 6, 2022
State of New Jersey v. Nazier D. Goldsmith: Reinforcing the Requirement for Specific and Articulable Suspicion in Investigatory Stops Introduction The case of State of New Jersey,...
Protecting Fifth Amendment Rights: Supreme Court of New Jersey Affirms Protection Against Continued Interrogation Post Invocation of Counsel in State v. Clark

Protecting Fifth Amendment Rights: Supreme Court of New Jersey Affirms Protection Against Continued Interrogation Post Invocation of Counsel in State v. Clark

Date: Jun 30, 2022
Protecting Fifth Amendment Rights: Supreme Court of New Jersey Affirms Protection Against Continued Interrogation Post Invocation of Counsel in State v. Clark An in-depth analysis of the landmark...
Limiting Investigatory Stops Based on Window Tint: Insights from STATE of New Jersey v. David L. Smith

Limiting Investigatory Stops Based on Window Tint: Insights from STATE of New Jersey v. David L. Smith

Date: Jun 29, 2022
Limiting Investigatory Stops Based on Window Tint: Insights from STATE of New Jersey v. David L. Smith Introduction The case of STATE of New Jersey v. David L. Smith addresses critical issues...
Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane

Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane

Date: Jun 17, 2022
Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane Introduction The case of State of New Jersey v. Rahee Lane (251 N.J. 84) presents a significant judicial...
New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims

New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims

Date: Jun 14, 2022
New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims Introduction In the landmark case of Ann Samolyk and John Samolyk,...
Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard

Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard

Date: May 11, 2022
Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard Introduction Sundiata Acoli, a/k/a Clark Edward Squire, Appellant, v. New Jersey State Parole Board,...
Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession

Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession

Date: May 3, 2022
Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession Introduction The case of State of New Jersey v. O.D.A.-C., 250 N.J. 408 (2022), presents a...
State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A)

State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A)

Date: Mar 17, 2022
State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A) Introduction In the landmark case of State of New Jersey v. Anthony...
Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA

Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA

Date: Mar 15, 2022
Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA Introduction The case of Richard Rivera v. Union County Prosecutor's Office, et al....
Reinstatement of Summary Judgment in TCA Premises Liability Case

Reinstatement of Summary Judgment in TCA Premises Liability Case

Date: Feb 10, 2022
Reinstatement of Summary Judgment in TCA Premises Liability Case Introduction The case of Thomas J. Stewart and Julie Stewart v. New Jersey Turnpike Authority/Garden State Parkway and Earle Asphalt...
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