New Jersey Case Commentaries

Imputing Investment Income in Alimony Calculations: Insights from Miller v. Miller

Date: Jul 16, 1999

Imputing Investment Income in Alimony Calculations: Insights from Miller v. Miller Introduction Miller v. Miller, 160 N.J. 408 (1999), is a landmark decision by the Supreme Court of New Jersey that...

Marketability Discount in Oppressed Shareholder Buy-Out: Balsamides v. Protameen Chemicals

Date: Jul 15, 1999

Marketability Discount in Oppressed Shareholder Buy-Out: Balsamides v. Protameen Chemicals Introduction Balsamides v. Protameen Chemicals, Inc. is a landmark case decided by the Supreme Court of New...

Redefining "Household" in Homeowners' Insurance: Insights from Gibson v. Callaghan

Date: Jul 9, 1999

Redefining "Household" in Homeowners' Insurance: Insights from Gibson v. Callaghan Introduction The Supreme Court of New Jersey, in Gibson v. Callaghan, addressed a pivotal issue concerning the...

Enforceability of Liquidated Damages Clauses in Commercial Loans: MetLife Capital Financial Corp. v. Washington Avenue Associates L.P.

Date: Jul 1, 1999

Enforceability of Liquidated Damages Clauses in Commercial Loans MetLife Capital Financial Corporation v. Washington Avenue Associates L.P. Setting a Precedent for Reasonable Liquidated Damages in...

Reaffirming Standards of Judicial Review in Administrative Terminations: The Eva Taylor Case

Date: Jun 30, 1999

Reaffirming Standards of Judicial Review in Administrative Terminations: The Eva Taylor Case Introduction The landmark case of In the Matter of Eva Taylor (158 N.J. 644) adjudicated by the Supreme...

Reasonableness of Attorneys' Fees and Prejudgment Interest in Contract Enforcement: North Bergen Rex Transport, Inc. v. Trailer Leasing Company

Date: Jun 24, 1999

Reasonableness of Attorneys' Fees and Prejudgment Interest in Contract Enforcement: North Bergen Rex Transport, Inc. v. Trailer Leasing Company Introduction The case of North Bergen Rex Transport,...

Establishing Liability in Wrongful Birth Actions: Insights from Canesi v. Wilson and Loewe

Date: Jun 18, 1999

Establishing Liability in Wrongful Birth Actions: Insights from Canesi v. Wilson and Loewe Introduction The Supreme Court of New Jersey's decision in Brandon Canesi v. James A. Wilson, M.D., and...

Fraudulent Conveyance and Retirement Account Protection: Gilchinsky v. National Westminster Bank

Date: Jun 15, 1999

Fraudulent Conveyance and Retirement Account Protection: Gilchinsky v. National Westminster Bank Introduction Lea Gilchinsky v. National Westminster Bank of N.J., et al. is a pivotal case adjudicated...

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...

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