New Jersey Case Commentaries

Marshall v. New Jersey: Procedural and Time Bar Implications on Post-Conviction Relief in Capital Cases

Date: Jul 31, 2002

Marshall v. New Jersey: Procedural and Time Bar Implications on Post-Conviction Relief in Capital Cases Introduction In the landmark case State of New Jersey v. Robert O. Marshall (173 N.J. 343), the...

Unanimous Finding of Aggravating Factors and Prosecutorial Impartiality in Capital Punishment: A Commentary on State v. Nelson

Date: Jul 31, 2002

Unanimous Finding of Aggravating Factors and Prosecutorial Impartiality in Capital Punishment: A Commentary on State v. Nelson Introduction In the landmark case of State of New Jersey v. Leslie Ann...

Applicability of NJ Affidavit of Merit Statute to Breach of Contract Claims: Couri v. Gardner

Date: Jul 30, 2002

Applicability of NJ Affidavit of Merit Statute to Breach of Contract Claims: Couri v. Gardner Introduction Couri v. Gardner (173 N.J. 328) is a pivotal case adjudicated by the Supreme Court of New...

Affirming the 'Ascertainable Loss' Requirement for Private Plaintiffs under the New Jersey Consumer Fraud Act

Date: Jul 23, 2002

Affirming the 'Ascertainable Loss' Requirement for Private Plaintiffs under the New Jersey Consumer Fraud Act Introduction The case of Martin Weinberg v. Sprint Corporation (173 N.J. 233) addresses a...

Enforceability of Arbitration Agreements in Employment Applications Affirmed in Martindale v Sandvik

Date: Jul 18, 2002

Enforceability of Arbitration Agreements in Employment Applications Affirmed in Martindale v. Sandvik Introduction In the landmark case of Martindale v. Sandvik, Inc., decided by the Supreme Court of...

Admissibility of Extrajudicial Declarations Under Res Gestae Exception: Insights from State of New Jersey v. Carole Long

Date: Jul 16, 2002

Admissibility of Extrajudicial Declarations Under Res Gestae Exception: Insights from State of New Jersey v. Carole Long Introduction In the landmark case State of New Jersey v. Carole Long, 173 N.J....

Judgment Commentary: State of New Jersey v. Daron Josephs (174 N.J. 44)

Date: Jul 16, 2002

Establishing the "Own Conduct" Standard in Capital Cases: Commentary on State of New Jersey v. Daron Josephs Introduction In State of New Jersey v. Daron Josephs (2002), the Supreme Court of New...

New Jersey Supreme Court Upholds SVPA's Control Standard in Commitment of Sexually Violent Predators

Date: Jul 12, 2002

New Jersey Supreme Court Upholds SVPA's Control Standard in Commitment of Sexually Violent Predators Introduction In the Matter of the Commitment of W.Z., decided by the Supreme Court of New Jersey...

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...

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