New Jersey Case Commentaries

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

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

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

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.

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

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

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

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

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

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...