New Jersey Case Commentaries

DAVIDSON v. SLATER: Supreme Court of New Jersey Refines AICRA Verbal Threshold Standards

Date: Jan 31, 2007

DAVIDSON v. SLATER: Supreme Court of New Jersey Refines AICRA Verbal Threshold Standards Introduction DAVIDSON v. SLATER is a landmark decision by the Supreme Court of New Jersey issued on January...

Extension of Rule 4:58: Recovering Appellate Costs and Attorney's Fees After Rejected Settlement Offers

Date: Dec 14, 2006

Extension of Rule 4:58: Recovering Appellate Costs and Attorney's Fees After Rejected Settlement Offers Introduction In the landmark case of John Wiese and Elizabeth Wiese v. Jamir D. Dedhia,...

New Jersey Supreme Court Upholds Equal Protection for Same-Sex Couples in Marriage Benefits

Date: Oct 26, 2006

New Jersey Supreme Court Upholds Equal Protection for Same-Sex Couples in Marriage Benefits Introduction The landmark case of MARK LEWIS AND DENNIS WINSLOW; SAUNDRA HEATH AND CLARITA ALICIA TOBY;...

Reaffirmation of Consent Search Standards in State v. Domicz

Date: Sep 21, 2006

Reaffirmation of Consent Search Standards in State v. Domicz: No Reasonable Suspicion Required for Consent to Search a Home Introduction The case of State of New Jersey, Plaintiff-Appellant, v. Keith...

Balancing Parental Rights and Child Welfare: Insights from State of New Jersey v. R.L. and E.L.

Date: Sep 13, 2006

Balancing Parental Rights and Child Welfare: Insights from State of New Jersey v. R.L. and E.L. Introduction The case of State of New Jersey Division of Youth and Family Services v. R.L. and E.L.,...

Unconscionability of Class-Arbitration Waivers in Consumer Contracts of Adhesion

Date: Aug 10, 2006

Unconscionability of Class-Arbitration Waivers in Consumer Contracts of Adhesion Introduction In the landmark case of Jaliyah Muhammad v. County Bank of Rehoboth Beach, Delaware, heard by the Supreme...

Assessing Unconscionability in Consumer Arbitration Agreements: DELTA FUNDING CORP. v. HARRIS

Date: Aug 10, 2006

Assessing Unconscionability in Consumer Arbitration Agreements: DELTA FUNDING CORP. v. HARRIS Introduction The case of Delta Funding Corporation v. Alberta Harris addresses the enforceability of...

State of New Jersey v. Maurice Pierce: Redefining Judicial Discretion in Extended-Term Sentencing

Date: Aug 3, 2006

State of New Jersey v. Maurice Pierce: Redefining Judicial Discretion in Extended-Term Sentencing Introduction State of New Jersey v. Maurice Pierce is a pivotal judgment delivered by the Supreme...

Mark I. Silver v. Dale C. Silver: Appellate Division Emphasizes Comprehensive Evaluation in Domestic Violence Claims under NJ PDVA

Date: Aug 3, 2006

Mark I. Silver v. Dale C. Silver: Appellate Division Emphasizes Comprehensive Evaluation in Domestic Violence Claims under NJ PDVA Introduction Mark I. Silver v. Dale C. Silver is a pivotal case...

New Jersey Supreme Court Upholds Prior-Conviction Exception in Sentencing Enhancements

Date: Aug 3, 2006

New Jersey Supreme Court Upholds Prior-Conviction Exception in Sentencing Enhancements Introduction In the landmark case of State of New Jersey v. Chris Thomas (188 N.J. 137), decided on August 2,...

Mandate for Recording Out-of-Court Identification Procedures Established in State v. Delgado

Date: Aug 1, 2006

Mandate for Recording Out-of-Court Identification Procedures Established in State v. Delgado 1. Introduction State of New Jersey v. Daniel Delgado is a pivotal case decided by the Supreme Court of...

MARSHALL v. KLEBANOV: Statutory Immunity and the Duty of Care in Psychiatric Practice

Date: Jul 27, 2006

MARSHALL v. KLEBANOV: Statutory Immunity and the Duty of Care in Psychiatric Practice Introduction In the landmark case MARSHALL v. KLEBANOV, the Supreme Court of New Jersey addressed the...

Joint Possession Does Not Constitute Distribution: NJ Supreme Court Establishes Clear Distinction

Date: Jul 27, 2006

Joint Possession Does Not Constitute Distribution: NJ Supreme Court Establishes Clear Distinction Introduction The case of State of New Jersey v. Lewis B. Morrison (188 N.J. 2, 2006) addresses...

State v. Crawley: Defining Obstruction in the Context of Investigatory Stops

Date: Jul 25, 2006

State v. Crawley: Defining Obstruction in the Context of Investigatory Stops Introduction In the landmark case of State of New Jersey v. Saleem T. Crawley, 187 N.J. 440 (2006), the Supreme Court of...

Affirmation of CEPA Protections for Whistleblowers Challenging Employer Policies Contravening Clear Public Policy Mandates

Date: Jul 21, 2006

Affirmation of CEPA Protections for Whistleblowers Challenging Employer Policies Contravening Clear Public Policy Mandates Introduction The case of Angelo J. Maimone v. The City of Atlantic City et...

Bealor v. State of New Jersey: Lay Testimony and Independent Evidence Suffice for Marijuana DWI Convictions

Date: Jul 21, 2006

Bealor v. State of New Jersey: Lay Testimony and Independent Evidence Suffice for Marijuana DWI Convictions Introduction Bealor v. State of New Jersey, 187 N.J. 574, decided on July 20, 2006, by the...

Sanctioning Prejudicial Summation to Correct Miscarriage of Justice: Bender v. Admirons

Date: Jul 20, 2006

Sanctioning Prejudicial Summation to Correct Miscarriage of Justice: Bender v. Admirons Introduction In Bender v. Admirons, decided by the Supreme Court of New Jersey on July 19, 2006, the court...

Confrontation Rights and the Admissibility of Polygraph Evidence: Insights from STATE v. CASTAGNA et al.

Date: Jul 18, 2006

Confrontation Rights and the Admissibility of Polygraph Evidence: Insights from STATE v. CASTAGNA et al. Introduction In the landmark case of State of New Jersey v. Josephine Castagna,...

Hojnowski v. Vans Skate Park: Restrictions on Parental Liability Waivers for Minors

Date: Jul 18, 2006

Hojnowski v. Vans Skate Park: Restrictions on Parental Liability Waivers for Minors Introduction Hojnowski v. Vans Skate Park, 187 N.J. 323 (2006), represents a significant judicial decision by the...

Extrinsic Evidence Admissible in Clear Retainer Agreements: Brown Conway v. Corporate Center Associates

Date: Jul 14, 2006

Extrinsic Evidence Admissible in Clear Retainer Agreements: Brown Conway v. Corporate Center Associates Introduction The case of Catherine M. Brown Conway, as Executrix for the Estate of Bernard F....