New Jersey Case Commentaries

McKELVEY v. PIERCE: Balancing First Amendment Protections and Legal Accountability in Religious Institutions

Date: Jul 11, 2002

McKELVEY v. PIERCE: Balancing First Amendment Protections and Legal Accountability in Religious Institutions Introduction Christopher J. McKelvey, a former Roman Catholic seminarian, initiated legal...

Reevaluation of Parental Rights Under Rule 4:50 in In the Matter of the Guardianship of J.N.H.

Date: Jun 27, 2002

Reevaluation of Parental Rights Under Rule 4:50 in In the Matter of the Guardianship of J.N.H. Introduction In the Matter of the Guardianship of J.N.H. is a landmark case decided by the Supreme Court...

Savage v. State: Reinforcing Standards for Jury Instructions on Accomplice Liability and Lesser Included Offenses

Date: Jun 21, 2002

Savage v. State: Reinforcing Standards for Jury Instructions on Accomplice Liability and Lesser Included Offenses Introduction In the landmark decision of State of New Jersey v. Sherron Latie Savage,...

Implied Covenant and Employment Manual as Contract: Insights from WADE v. KESSLER INSTITUTE

Date: Jun 14, 2002

Implied Covenant and Employment Manual as Contract: Insights from WADE v. KESSLER INSTITUTE Introduction Sheila WADE v. KESSLER INSTITUTE is a pivotal case adjudicated by the Supreme Court of New...

Sham Affidavit Doctrine Reinforced in SHELCUSKY v. GARJULIO: A New Precedent for Summary Judgment Procedures

Date: May 23, 2002

Sham Affidavit Doctrine Reinforced in SHELCUSKY v. GARJULIO: A New Precedent for Summary Judgment Procedures Introduction The case of Richard Shelcusky and Donna Shelcusky v. Al Garjulio et al....

Enhanced Standards for Investigative Detentions: STATE v. RODRIGUEZ

Date: May 16, 2002

Enhanced Standards for Investigative Detentions: STATE v. RODRIGUEZ Introduction State of New Jersey v. Raul Rodriguez (172 N.J. 117) is a pivotal case adjudicated by the Supreme Court of New Jersey...

Comcast v. Zoning Board of Adjustment: Enhancing Wireless Infrastructure through Conditional Use Variances

Date: May 15, 2002

Comcast v. Zoning Board of Adjustment: Enhancing Wireless Infrastructure through Conditional Use Variances Introduction The case of Cell South of New Jersey, Inc., d/b/a Comcast Communications, Inc....

Allowing Quantum Meruit for Attorneys Despite Unenforceable Oral Contingency Fee Agreements: STARKEY v. NICOLAYSEN

Date: May 10, 2002

Allowing Quantum Meruit for Attorneys Despite Unenforceable Oral Contingency Fee Agreements: STARKEY v. NICOLAYSEN Introduction Starkey, Kelly, Blaney White, Plaintiff-Respondent, v. Estate of Nancy...

Charitable Immunity Extended to Public Nonprofit Educational Entities: Insights from Brendan O'CONNELL v. STATE of New Jersey

Date: May 7, 2002

Charitable Immunity Extended to Public Nonprofit Educational Entities: Insights from Brendan O'CONNELL v. STATE of New Jersey Introduction The case of Brendan O'CONNELL v. STATE of New Jersey...

Probable Cause and Search Limits in Petty Disorderly Arrests: STATE v. DANGERFIELD

Date: Apr 25, 2002

Probable Cause and Search Limits in Petty Disorderly Arrests: STATE v. DANGERFIELD Introduction State of New Jersey v. William Dangerfield is a pivotal case decided by the Supreme Court of New Jersey...

Equitable Adjustment in Public Contracts: Paquet v. NJDOT

Date: Apr 5, 2002

Equitable Adjustment in Public Contracts: Paquet v. NJDOT Introduction M.J. Paquet, Inc. v. New Jersey Department of Transportation (NJDOT) is a landmark case adjudicated by the Supreme Court of New...

Constructive Discharge and the Limits of Newly Discovered Evidence: Insights from Fusco v. Board of Education of Newark

Date: Apr 2, 2002

Constructive Discharge and the Limits of Newly Discovered Evidence: Insights from Fusco v. Board of Education of Newark Introduction In the landmark case of Fusco v. Board of Education of the City of...

Clarifying Jury Instruction Standards in Handicap Discrimination Cases under N.J. LAD: Viscik v. Fowler Equipment Company

Date: Mar 29, 2002

Clarifying Jury Instruction Standards in Handicap Discrimination Cases under N.J. LAD: Viscik v. Fowler Equipment Company Introduction The case of Regina A. Viscik v. Fowler Equipment Company, Inc....

Enhancing the Plain View Doctrine: State of New Jersey v. Drew Johnson

Date: Mar 20, 2002

Enhancing the Plain View Doctrine: State of New Jersey v. Drew Johnson Introduction State of New Jersey v. Drew Johnson, 171 N.J. 192 (2002), represents a pivotal moment in the interpretation and...

Establishing Reasonable and Articulable Suspicion as a Prerequisite for Consent Searches in Motor Vehicle Stops

Date: Mar 5, 2002

Establishing Reasonable and Articulable Suspicion as a Prerequisite for Consent Searches in Motor Vehicle Stops Introduction The landmark decision in State of New Jersey v. Steven J. Carty signifies...

Intentional Wrong in Workers' Compensation: Laidlow v. Hariton Machinery Co.

Date: Feb 26, 2002

Intentional Wrong in Workers' Compensation: Laidlow v. Hariton Machinery Co. Introduction The case of Rudolph Laidlow and Jean Laidlow v. Hariton Machinery Company, Inc. represents a significant...

Clarifying Parole Fitness Standards and the Role of Recidivism Likelihood: Insights from McGowan v. New Jersey State Parole Board

Date: Feb 16, 2002

Clarifying Parole Fitness Standards and the Role of Recidivism Likelihood: Insights from McGowan v. New Jersey State Parole Board Introduction The case of Joseph McGowan v. New Jersey State Parole...

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