New Jersey Case Commentaries

Simulated Possession of a Deadly Weapon in First-Degree Robbery: STATE v. CHAPLAND (187 N.J. 275)

Date: Jul 14, 2006

Simulated Possession of a Deadly Weapon in First-Degree Robbery: STATE v. CHAPLAND (187 N.J. 275) Introduction In the landmark case of State of New Jersey v. Wayne E. Chapland, the Supreme Court of...

Feldman v. Hunterdon Radiological Associates: Defining 'Employee' Status under CEPA for Shareholder-Directors

Date: Jul 6, 2006

Feldman v. Hunterdon Radiological Associates: Defining 'Employee' Status under CEPA for Shareholder-Directors Introduction The case of Ruth S. Feldman, M.D., Plaintiff-Respondent versus Hunterdon...

Limited Obligations for Trial Courts to Instruct on Related Offenses: Insights from STATE v. THOMAS

Date: Jun 29, 2006

Limited Obligations for Trial Courts to Instruct on Related Offenses: Insights from STATE v. THOMAS Introduction In the landmark case of State of New Jersey v. Charless Thomas, decided by the Supreme...

NCP Litigation Trust v. KPMG LLP: New Precedent on Imputation Doctrine and Auditor Negligence

Date: Jun 29, 2006

NCP Litigation Trust v. KPMG LLP: New Precedent on Imputation Doctrine and Auditor Negligence Introduction In a landmark decision on June 28, 2006, the Supreme Court of New Jersey addressed the...

Balancing Suggestiveness and Reliability in Eyewitness Identifications: Insights from State v. Herrera

Date: Jun 21, 2006

Balancing Suggestiveness and Reliability in Eyewitness Identifications: Insights from State v. Herrera Introduction The case of State of New Jersey v. Carmelo Herrera, 187 N.J. 493 (2006), examined...

Reaffirmation of Territorial Jurisdiction as an Essential Element in New Jersey Murder Convictions

Date: Jun 6, 2006

Reaffirmation of Territorial Jurisdiction as an Essential Element in New Jersey Murder Convictions Introduction The case of State of New Jersey v. John A. Denofa, reported at 187 N.J. 24 (2006),...

Non-Custodial Parent's Obligation to Contribute to Child's College Debt: GAC v. GAC

Date: May 19, 2006

Non-Custodial Parent's Obligation to Contribute to Child's College Debt: GAC v. GAC Introduction The case of GAYNELL GAC, Plaintiff-Respondent, v. PAUL GAC, Defendant-Appellant (186 N.J. 535)...

Unemployment Compensation Proceedings Do Not Bar CEPA Claims through Collateral Estoppel – OLIVIERI v. Y.M.F. CARPET, INC.

Date: May 18, 2006

Unemployment Compensation Proceedings Do Not Bar CEPA Claims through Collateral Estoppel – OLIVIERI v. Y.M.F. CARPET, INC. Introduction OLIVIERI v. Y.M.F. CARPET, INC. is a landmark decision by the...

Admissibility of Battered Woman Syndrome Expert Testimony: New Precedent in STATE OF NEW JERSEY v. WALTERTOWNSEND

Date: May 16, 2006

Admissibility of Battered Woman Syndrome Expert Testimony: New Precedent in State of New Jersey v. Waltertowsend Introduction In the landmark case of State of New Jersey v. Waltertowsend (186 N.J....

Dishonesty as Grounds for Medical License Revocation: Analyzing New Jersey's Supreme Court Decision in Zahl v. State

Date: Apr 27, 2006

Dishonesty as Grounds for Medical License Revocation: Analyzing New Jersey's Supreme Court Decision in Zahl v. State Introduction The case of In the Matter of the Suspension or Revocation of the...

Expanding Premises Liability: The Olivo v. Exxon Mobil Decision

Date: Apr 25, 2006

Expanding Premises Liability: The Olivo v. Exxon Mobil Decision Introduction The landmark case of Anthony Olivo, Executor of the Estate of Eleanor Olivo, Deceased, and in His Own Right v. Exxon Mobil...

Preponderance of Evidence Standard Established Under the Insurance Fraud Prevention Act

Date: Mar 15, 2006

Preponderance of Evidence Standard Established Under the Insurance Fraud Prevention Act Introduction The case of Liberty Mutual Insurance Company v. Rose Land and Frank Land, and Steven Budge (186...

Right to Appointed Counsel in Child Support Enforcement Proceedings Established

Date: Mar 9, 2006

Right to Appointed Counsel in Child Support Enforcement Proceedings Established Introduction The case of Anne Pasqua, Ray Tolbert, and Michael Anthony v. Hon. Gerald J. Council and Hon. F. Lee...

Enforcement of Arrears in Homeowners' Associations: Key Insights from Highland Lakes CCASA v. Franzino

Date: Mar 7, 2006

Enforcement of Arrears in Homeowners' Associations: Key Insights from Highland Lakes CCASA v. Franzino Introduction The case of Highland Lakes Country Club Community Association v. Robert Franzino...

Non-Modifiable Equitable Distribution in Divorce Settlements: Insights from Larbig v. Larbig

Date: Feb 3, 2006

Non-Modifiable Equitable Distribution in Divorce Settlements: Insights from Larbig v. Larbig Introduction Ivette Larbig, the Plaintiff-Respondent, appealed against her ex-husband, Roland Larbig, the...

Disgorgement as Remedy for Unjust Enrichment in Public Contract Bribery Cases: County of Essex v. First Union National Bank

Date: Jan 27, 2006

Disgorgement as Remedy for Unjust Enrichment in Public Contract Bribery Cases: County of Essex v. First Union National Bank Introduction The case County of Essex, Plaintiff-Respondent and...

Litigation Privilege Affirmed as Absolute Immunity in § 1983 Civil Rights Actions: Loigman v. Middletown Township

Date: Jan 19, 2006

Litigation Privilege Affirmed as Absolute Immunity in § 1983 Civil Rights Actions: Loigman v. Middletown Township Introduction The landmark case of Loigman v. Township of Middletown addressed...

Reaffirmation of Rule 4:9-3 and CEPA Waiver Implications in Employment Litigation: Notte & Pantano v. Merchants Mutual Insurance Company and William Wolfe

Date: Jan 13, 2006

Reaffirmation of Rule 4:9-3 and CEPA Waiver Implications in Employment Litigation Introduction In the landmark case Theresa Notte and Robert Pantano v. Merchants Mutual Insurance Company and William...

Reaffirming the Permissibility of Expert Testimony and Hypothetical Scenarios in Drug Distribution Cases: Analysis of State v. Nesbitt

Date: Jan 13, 2006

Reaffirming the Permissibility of Expert Testimony and Hypothetical Scenarios in Drug Distribution Cases: Analysis of State of New Jersey v. Anthony Nesbitt Introduction The case of State of New...

Continuing Nuisance and Procedural Compliance under the New Jersey Tort Claims Act: Lyons v. Township of Wayne

Date: Dec 29, 2005

Continuing Nuisance and Procedural Compliance under the New Jersey Tort Claims Act: Lyons v. Township of Wayne Introduction Lyons v. Township of Wayne is a landmark decision by the Supreme Court of...