New Jersey Case Commentaries

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

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

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

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

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

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

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

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...

Reaffirming the Presumption of Imprisonment in Second-Degree Child Endangerment: State v. Evers

Date: Feb 14, 2003

Reaffirming the Presumption of Imprisonment in Second-Degree Child Endangerment: State of New Jersey v. William T. Evers Introduction In the landmark case of State of New Jersey v. William T. Evers...

Unambiguous Consent Required for Arbitration Clauses in Employment Handbooks: Leodori v. Cigna Corp.

Date: Feb 14, 2003

Unambiguous Consent Required for Arbitration Clauses in Employment Handbooks: Leodori v. Cigna Corp. Introduction Leodori v. Cigna Corporation is a pivotal case adjudicated by the Supreme Court of...

Establishing Presumptive Workers' Compensation for Emphysema in Firefighters under N.J.S.A. 34:15-43.2

Date: Feb 12, 2003

Establishing Presumptive Workers' Compensation for Emphysema in Firefighters under N.J.S.A. 34:15-43.2 Introduction The Supreme Court of New Jersey, in the landmark case of Richard Lindquist v. City...

Strengthening Due Process and Defining Harassment in New Jersey's Domestic Violence Act: H.E.S. v. J.C.S. Judgment Analysis

Date: Feb 7, 2003

Strengthening Due Process and Defining Harassment in New Jersey's Domestic Violence Act: H.E.S. v. J.C.S. Judgment Analysis Introduction The case of H.E.S. v. J.C.S., decided on February 6, 2003, by...

Application of Mode of Operation Doctrine in Slip and Fall Cases: Nisioccia v. Glass Gardens

Date: Jan 23, 2003

Application of Mode of Operation Doctrine in Slip and Fall Cases: Nisioccia v. Glass Gardens Introduction Nisioccia v. Glass Gardens, Inc. is a seminal case decided by the Supreme Court of New Jersey...

New Jersey Supreme Court Establishes Mandatory Advocacy by Post-Confinement Relief Counsel under Rule 3:22-6

Date: Dec 13, 2002

New Jersey Supreme Court Establishes Mandatory Advocacy by Post-Confinement Relief Counsel under Rule 3:22-6 Introduction State of New Jersey v. Dudley Rue, 175 N.J. 1 (2002), adjudicated by the...

Admissibility of Hearsay Evidence and Jury Unanimity in Child Welfare Cases: Insights from State v. Frisby

Date: Dec 12, 2002

Admissibility of Hearsay Evidence and Jury Unanimity in Child Welfare Cases: Insights from State v. Frisby Introduction State of New Jersey v. Monica L. Frisby is a landmark case decided by the...

Limits on Prosecutorial Consideration of Juvenile and Dismissed Offenses in Pretrial Intervention Applications: State of New Jersey v. James T. Brooks

Date: Nov 26, 2002

Limits on Prosecutorial Consideration of Juvenile and Dismissed Offenses in Pretrial Intervention Applications: State of New Jersey v. James T. Brooks Introduction In the landmark case of State of...

New Jersey Supreme Court Establishes Strict Guidelines for Admissibility of Other-Crime Evidence in Darby v. State

Date: Nov 20, 2002

New Jersey Supreme Court Establishes Strict Guidelines for Admissibility of Other-Crime Evidence in Darby v. State Introduction The case of State of New Jersey v. Roderick S. Darby (174 N.J. 509)...

Affirmation of Continuing Violation Doctrine Under New Jersey Law Against Discrimination in Hostile Work Environment Claims

Date: Aug 8, 2002

Affirmation of Continuing Violation Doctrine Under New Jersey Law Against Discrimination in Hostile Work Environment Claims Introduction The case of William Shepherd and Richard Saylor v....

Strict Enforcement of Procedural Bars: Reinforcing Rule 3:22-12 in Postconviction Relief

Date: Aug 7, 2002

Strict Enforcement of Procedural Bars: Reinforcing Rule 3:22-12 in Postconviction Relief Introduction In the case of State of New Jersey v. David Goodwin (173 N.J. 583, 2002), the Supreme Court of...

Enforcement of Mount Laurel Doctrine: NJ Supreme Court Affirms Builder’s Remedy in Toll Brothers v. Township of West Windsor

Date: Aug 2, 2002

Enforcement of Mount Laurel Doctrine: NJ Supreme Court Affirms Builder’s Remedy in Toll Brothers v. Township of West Windsor Introduction The landmark case Toll Brothers, Inc., a Delaware Corporation...

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