New Jersey Case Commentaries

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...

Waiver Standards for Job Forfeiture in Mandatory Disqualification Cases: FLAGG v. ESSEX COUNTY PROSECUTOR

Date: Feb 12, 2002

Waiver Standards for Job Forfeiture in Mandatory Disqualification Cases: FLAGG v. ESSEX COUNTY PROSECUTOR Introduction James FLAGG v. ESSEX COUNTY PROSECUTOR, 171 N.J. 561 (2002), is a landmark case...

New York Law Governs Joint and Several Liability in Cross-State Auto Negligence: Supreme Court of New Jersey Decision

Date: Jan 31, 2002

New York Law Governs Joint and Several Liability in Cross-State Auto Negligence: Supreme Court of New Jersey Decision Introduction The case of Christine Erny v. The Estate of Antoinette T. Merola et...

Enhancing Reasonable Suspicion Standards: Insights from STATE v. STOVALL

Date: Jan 29, 2002

Enhancing Reasonable Suspicion Standards: Insights from STATE v. STOVALL Introduction State of New Jersey, Plaintiff-Appellant, v. Felicia Stovall, Defendant-Respondent (170 N.J. 346, 2002) is a...

Affirmation of Statute of Limitations on Civil Rights Claims: Freeman and Jones v. State of New Jersey

Date: Jan 24, 2002

Affirmation of Statute of Limitations on Civil Rights Claims: Freeman and Jones v. State of New Jersey Introduction In the case of Richard Freeman and John Jones, Plaintiffs-Appellants versus the...

Participation Theory of Liability Limited to Contractual Context: Saltiel v. GSI Consultants

Date: Jan 24, 2002

Participation Theory of Liability Limited to Contractual Context: Saltiel v. GSI Consultants Introduction In Saltiel d/b/a Edgewater Design Associates v. GSI Consultants, Inc., the Supreme Court of...

Establishing Effective Assistance of Counsel in Double Jeopardy Claims: State of New Jersey v. Al-Muhhye Allah

Date: Jan 18, 2002

Establishing Effective Assistance of Counsel in Double Jeopardy Claims: State of New Jersey v. Al-Muhhye Allah Introduction In the landmark case of State of New Jersey v. Al-Muhhye Allah, 170 N.J....