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  • Commentaries
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New Jersey Case Commentaries

Discovery Rule Determines Statute of Limitations in Legal Malpractice: Vastano v. Algeier

Discovery Rule Determines Statute of Limitations in Legal Malpractice: Vastano v. Algeier

Date: Dec 19, 2003
Discovery Rule Determines Statute of Limitations in Legal Malpractice: Vastano v. Algeier Introduction The case of Anthony and Geraldine Vastano v. Gary Algeier et al. presents a significant...
Enhanced Reliability of 9-1-1 Calls in Justifying Investigatory Vehicle Stops

Enhanced Reliability of 9-1-1 Calls in Justifying Investigatory Vehicle Stops

Date: Dec 17, 2003
Enhanced Reliability of 9-1-1 Calls in Justifying Investigatory Vehicle Stops Introduction In the landmark case of State of New Jersey v. Salvatore Golotta (178 N.J. 205, 2003), the Supreme Court of...
Mandatory Disclosure of Civil Commitment Consequences in Guilty Pleas: State v. Bellamy

Mandatory Disclosure of Civil Commitment Consequences in Guilty Pleas: State v. Bellamy

Date: Dec 12, 2003
Mandatory Disclosure of Civil Commitment Consequences in Guilty Pleas: State v. Bellamy Introduction State of New Jersey v. Jerry L. Bellamy, 178 N.J. 127 (2003), presents a pivotal decision by the...
Denial of Pretrial Intervention Based on Past Motor Vehicle Offenses Constitutes an Abuse of Discretion

Denial of Pretrial Intervention Based on Past Motor Vehicle Offenses Constitutes an Abuse of Discretion

Date: Nov 26, 2003
Denial of Pretrial Intervention Based on Past Motor Vehicle Offenses Constitutes an Abuse of Discretion Introduction The case of State of New Jersey v. Jeffery Negran, 178 N.J. 73 (2003), addresses...
Equitable Bar on Late Motions in Malpractice Claims: Knorr v. Smeal

Equitable Bar on Late Motions in Malpractice Claims: Knorr v. Smeal

Date: Nov 25, 2003
Equitable Bar on Late Motions in Malpractice Claims: Knorr v. Smeal Introduction The case Eleanor Knorr and Harold Knorr v. Brian C. Smeal, M.D. and South Jersey Hospital Systems, Elmer Division...
Equitable Relief under the Affidavit of Merit Statute: Reversing Dismissal for Inadvertent Delay

Equitable Relief under the Affidavit of Merit Statute: Reversing Dismissal for Inadvertent Delay

Date: Nov 25, 2003
Equitable Relief under the Affidavit of Merit Statute: Reversing Dismissal for Inadvertent Delay Introduction In the landmark case of Agostino Ferreira and Margarida Ferreira v. Rancocas Orthopedic...
Automobile Warrantless Search: STATE v. WILSON Establishes Stricter Probable Cause Standards

Automobile Warrantless Search: STATE v. WILSON Establishes Stricter Probable Cause Standards

Date: Nov 4, 2003
Automobile Warrantless Search: STATE v. WILSON Establishes Stricter Probable Cause Standards Introduction In State of New Jersey v. Larry D. Wilson (178 N.J. 7, 2003), the Supreme Court of New Jersey...
Enhanced Protections Against Self-Incrimination: Insights from State of New Jersey v. A.G.D.

Enhanced Protections Against Self-Incrimination: Insights from State of New Jersey v. A.G.D.

Date: Oct 10, 2003
Enhanced Protections Against Self-Incrimination: Insights from State of New Jersey v. A.G.D. Introduction In the landmark case of State of New Jersey v. A.G.D. (178 N.J. 56), the Supreme Court of New...
Preemption of State CEPA Claims by Federal Labor Law: DZWONAR v. McDEVITT

Preemption of State CEPA Claims by Federal Labor Law: DZWONAR v. McDEVITT

Date: Aug 13, 2003
Preemption of State CEPA Claims by Federal Labor Law: DZWONAR v. McDEVITT Introduction In the landmark case Regina Dzwonar and Cynthia A. Burgess v. Robert McDevitt et al., decided by the Supreme...
CEPA Allows Punitive Damages Against Public Entities and Clarifies Statute of Limitations

CEPA Allows Punitive Damages Against Public Entities and Clarifies Statute of Limitations

Date: Aug 12, 2003
CEPA Allows Punitive Damages Against Public Entities and Clarifies Statute of Limitations Introduction The case of Doris Green v. Jersey City Board of Education (177 N.J. 434) addresses two pivotal...
Federal Supremacy Over State Political Boundaries in NJ Redistricting

Federal Supremacy Over State Political Boundaries in NJ Redistricting

Date: Aug 1, 2003
Federal Supremacy Over State Political Boundaries in NJ Redistricting Introduction In the landmark case McNeil et al. v. Legislative Apportionment Commission of the State of New Jersey, the Supreme...
Negligent Supervision of School Personnel: FRUGIS v. BRACIGLIANO and Implications Under N.J.S.A. 59:9-3.1

Negligent Supervision of School Personnel: FRUGIS v. BRACIGLIANO and Implications Under N.J.S.A. 59:9-3.1

Date: Jul 29, 2003
Negligent Supervision of School Personnel: FRUGIS v. BRACIGLIANO and Implications Under N.J.S.A. 59:9-3.1 Introduction FRUGIS v. BRACIGLIANO et al. is a landmark decision by the Supreme Court of New...
Revisiting Rape Shield Statute: New Precedent on Admissibility of Victim’s Prior Conduct in STATE OF NEW JERSEY v. Anderson Garron

Revisiting Rape Shield Statute: New Precedent on Admissibility of Victim’s Prior Conduct in STATE OF NEW JERSEY v. Anderson Garron

Date: Jul 24, 2003
Revisiting Rape Shield Statute: New Precedent on Admissibility of Victim’s Prior Conduct in STATE OF NEW JERSEY v. Anderson Garron Introduction The case of STATE OF NEW JERSEY, Plaintiff-Respondent,...
Partial Rescission of LLP's Professional Liability Insurance Due to Partner Fraud: A New Precedent

Partial Rescission of LLP's Professional Liability Insurance Due to Partner Fraud: A New Precedent

Date: Jul 18, 2003
Partial Rescission of LLP's Professional Liability Insurance Due to Partner Fraud: A New Precedent Introduction The case of First American Title Insurance Company, Plaintiff-Appellant, v. Edward...
Preserving Parental Autonomy: NJ Supreme Court Establishes Harm-Based Standard for Grandparent Visitation

Preserving Parental Autonomy: NJ Supreme Court Establishes Harm-Based Standard for Grandparent Visitation

Date: Jul 15, 2003
Preserving Parental Autonomy: NJ Supreme Court Establishes Harm-Based Standard for Grandparent Visitation Introduction In the landmark case of Patrick Moriarty v. Julia E. Bradt, Defendant, and Lynn...
Affirmation of Landowner's Duty to Warn Social Guests: Parks v. Rogers Precedent

Affirmation of Landowner's Duty to Warn Social Guests: Parks v. Rogers Precedent

Date: Jun 19, 2003
Affirmation of Landowner's Duty to Warn Social Guests: Parks v. Rogers Precedent Introduction Parks v. Rogers, decided by the Supreme Court of New Jersey on June 18, 2003, addresses the critical...
NJT's Duty Towards Independent Contractors in Hazardous Work Conditions

NJT's Duty Towards Independent Contractors in Hazardous Work Conditions

Date: May 15, 2003
NJT's Duty Towards Independent Contractors in Hazardous Work Conditions Introduction The case of Abdush Shahid Muhammad v. New Jersey Transit (NJT) addresses the liability of public entities towards...
Construction Lien Claims: Power of Attorney as a Valid Signatory under N.J.S.A. 2A:44A-6

Construction Lien Claims: Power of Attorney as a Valid Signatory under N.J.S.A. 2A:44A-6

Date: May 13, 2003
Construction Lien Claims: Power of Attorney as a Valid Signatory under N.J.S.A. 2A:44A-6 Introduction The case of D.D.B. Interior Contracting Inc. v. Trends Urbanrenewal Association, Ltd., et al....
Affirmation of Reasonable Suspicion and Automobile Search Exception in N.J. v. Nishina

Affirmation of Reasonable Suspicion and Automobile Search Exception in N.J. v. Nishina

Date: Mar 5, 2003
Affirmation of Reasonable Suspicion and Automobile Search Exception in State of New Jersey v. Nishina Introduction State of New Jersey v. James J. Nishina (175 N.J. 502) is a pivotal case adjudicated...
Employer Vicarious Liability Affirmed Through Required-Vehicle Exception in CARTER v. REYNOLDS

Employer Vicarious Liability Affirmed Through Required-Vehicle Exception in CARTER v. REYNOLDS

Date: Feb 20, 2003
Employer Vicarious Liability Affirmed Through Required-Vehicle Exception in CARTER v. REYNOLDS Introduction CARTER v. REYNOLDS, 175 N.J. 402 (Supreme Court of New Jersey, 2003), is a landmark case...
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