New Jersey Case Commentaries

Extending CEPA Protections to Whistleblowing on Co-Employees: Insights from HIGGINS v. PASCACK VALLEY HOSPital

Date: Jun 11, 1999

Extending CEPA Protections to Whistleblowing on Co-Employees: Insights from HIGGINS v. PASCACK VALLEY HOSPital Introduction Case: Josephine C. Higgins and Joseph A. Higgins, Jr. v. Pascack Valley...

Affiliation Agreements and Public Employee Status Under the New Jersey Tort Claims Act: Insights from LOWE v. ZARGHAMI

Date: Jun 8, 1999

Affiliation Agreements and Public Employee Status Under the New Jersey Tort Claims Act: Insights from LOWE v. ZARGHAMI Introduction The Supreme Court of New Jersey's decision in LOWE v. ZARGHAMI, 158...

Tenure Acquisition for Tax Assessors Requires Statutory Reappointment: CASAMASINO v. CITY OF JERSEY CITY

Date: May 28, 1999

Tenure Acquisition for Tax Assessors Requires Statutory Reappointment: CASAMASINO v. CITY OF JERSEY CITY Introduction CASAMASINO v. CITY OF JERSEY CITY is a landmark decision by the Supreme Court of...

Supreme Court Upholds DCA's Uniform Residential Site Improvement Standards, Affirming State Delegation Over Municipal Zoning Powers

Date: May 14, 1999

Supreme Court Upholds DCA's Uniform Residential Site Improvement Standards, Affirming State Delegation Over Municipal Zoning Powers Introduction The case of New Jersey State League of Municipalities...

Enforcement of Cohabitation Provisions in Divorce Settlements: Kathleen Konzelman v. Lawrence Konzelman

Date: May 13, 1999

Enforcement of Cohabitation Provisions in Divorce Settlements: Kathleen Konzelman v. Lawrence Konzelman Introduction The case of Kathleen Konzelman v. Lawrence Konzelman, decided by the Supreme Court...

Strict Enforcement of Post-Conviction Time Bar and Ineffective Assistance of Counsel in State of New Jersey v. Cummings

Date: May 12, 1999

Strict Enforcement of Post-Conviction Time Bar and Ineffective Assistance of Counsel in State of New Jersey v. Cummings Introduction The case of State of New Jersey v. Shawn Cummings (321 N.J. Super....

Supreme Court of New Jersey Expands Remedies Under Law Against Discrimination by Relaxing Exclusivity Provision

Date: May 4, 1999

Supreme Court of New Jersey Expands Remedies Under Law Against Discrimination by Relaxing Exclusivity Provision Introduction The case of Nancy Wilson v. Wal-Mart Stores, d/b/a Sam's Club; K-Mart...

Reversing Convictions for Prosecutorial Misconduct in Closing Arguments: State of New Jersey v. Albert and Barry Frost

Date: Apr 16, 1999

Reversing Convictions for Prosecutorial Misconduct in Closing Arguments: State of New Jersey v. Albert and Barry Frost Introduction In the landmark case State of New Jersey v. Albert Frost and Barry...

Balancing Confidentiality and Duty to Prevent Fraud in Joint Client Representation: Hill Wallack v. B.

Date: Apr 16, 1999

Balancing Confidentiality and Duty to Prevent Fraud in Joint Client Representation: Hill Wallack v. B. Introduction The case A., Individually and on Behalf of Minor Child, C., Plaintiff, v. B.,...

Establishing the Need for Cross-Racial Identification Jury Instructions: Insights from STATE OF NEW JERSEY v. MCKINLEY CROMEDY

Date: Apr 15, 1999

Establishing the Need for Cross-Racial Identification Jury Instructions: Insights from STATE OF NEW JERSEY v. MCKINLEY CROMEDY Introduction The Supreme Court of New Jersey's decision in STATE OF NEW...

Covell v. State: Affirmation of Admissibility of Prior Statements for Establishing Intent under N.J.R.E. 404(b) and 803(b)(1)

Date: Mar 25, 1999

Covell v. State: Affirmation of Admissibility of Prior Statements for Establishing Intent under N.J.R.E. 404(b) and 803(b)(1) Introduction In the landmark case State of New Jersey v. Thomas William...

Unconditional Consent Framework in Breathalyzer Refusals and Double Jeopardy Protections

Date: Mar 4, 1999

Unconditional Consent Framework in Breathalyzer Refusals and Double Jeopardy Protections Introduction The case of State of New Jersey v. John Widmaier, decided by the Supreme Court of New Jersey on...

Appellate Deference to Lower Courts' Credibility Findings in DWI Cases: Analysis of STATE v. LOCURTO

Date: Mar 3, 1999

Appellate Deference to Lower Courts' Credibility Findings in DWI Cases: Analysis of State of New Jersey v. Locurto Introduction The case of State of New Jersey v. Dominick J. Locurto, 157 N.J. 463...

Recognition of Reverse Age Discrimination Under the New Jersey Law Against Discrimination

Date: Feb 25, 1999

Recognition of Reverse Age Discrimination Under the New Jersey Law Against Discrimination Introduction BERGEN COMMERCIAL BANK, PLAINTIFF-APPELLANT, v. MICHAEL SISLER, DEFENDANT-RESPONDENT is a...

Accidental Overdose as Grounds for Child Neglect under N.J.S.A. 9:6-8.21

Date: Feb 18, 1999

Accidental Overdose as Grounds for Child Neglect under N.J.S.A. 9:6-8.21 Introduction The case of G.S., Appellant-Respondent, v. Department of Human Services, Division of Youth and Family Services,...

Adoption of Indeterminate Product Defect Test in Strict Products Liability: MYRLAK v. PORT AUTHORITY

Date: Feb 9, 1999

Adoption of Indeterminate Product Defect Test in Strict Products Liability: MYRLAK v. PORT AUTHORITY Introduction MYRLAK v. PORT AUTHORITY of New York and New Jersey et al. is a landmark case decided...

Waiver of Motion to Suppress Due to Fugitive Status: Insights from State of New Jersey v. Lloyd A. Fisher

Date: Dec 24, 1998

Waiver of Motion to Suppress Due to Fugitive Status: Insights from State of New Jersey v. Lloyd A. Fisher Introduction State of New Jersey v. Lloyd A. Fisher is a pivotal case decided by the Supreme...

State v. Morton: Affirmation of Death Sentence Amid Challenges to Waiver and Counsel's Effectiveness

Date: Jul 31, 1998

State v. Morton: Affirmation of Death Sentence Amid Challenges to Waiver and Counsel's Effectiveness Introduction In the landmark case of State of New Jersey v. Robert W. Morton, the Supreme Court of...

State v. Feaster: Upholding Capital Murder Conviction Despite Sequential Jury Charge Errors

Date: Jul 31, 1998

State v. Feaster: Upholding Capital Murder Conviction Despite Sequential Jury Charge Errors Introduction State of New Jersey, Plaintiff-Respondent, v. Richard Feaster, Defendant-Appellant is a...

Establishing Spousal Duty of Care in Preventing Third-Party Sexual Abuse: A Detailed Commentary on J.S. v. R.T.H.

Date: Jul 30, 1998

Establishing Spousal Duty of Care in Preventing Third-Party Sexual Abuse: A Detailed Commentary on J.S. v. R.T.H. Introduction The case of J.S. and M.S. v. R.T.H. and R.G.H. adjudicated by the...

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