New Jersey Case Commentaries

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...

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,...