New Jersey Case Commentaries

Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Date: Aug 2, 2025

Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent Introduction In Keith Isaac (deceased) v. Board of Trustees, Police and...

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

Date: Aug 2, 2025

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities Introduction On 30 July 2025 the New Jersey Supreme Court delivered a unanimous opinion in State...

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

Date: Jul 27, 2025

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....

“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments

Date: Jul 24, 2025

“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments Introduction In Mirza M. Bulur v. New Jersey Office of...

State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

Date: Jul 24, 2025

State v. Hernandez-Peralta (2025): “No Independent Duty to Verify Citizenship” — A New Limit on Padilla Obligations for Sentencing Counsel 1. Introduction In State v. Juan C. Hernandez-Peralta, the...

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025

“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Date: Jul 11, 2025

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: A Commentary on Donald Whiteman v. Township Council of Berkeley Township (2025) 1. Introduction The Supreme Court of...

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Date: Jul 10, 2025

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption Commentary on Gerald Fazio Jr. v. Altice USA, 256 N.J. ___ (2025) 1. Introduction...

“Visual-Compactness” over Algorithms: The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

Date: Jun 20, 2025

“Visual-Compactness” over Algorithms: Supreme Court Clarifies the Municipal Ward Law in Jersey City United Against the New Ward Map v. Jersey City Ward Commission 1. Introduction Following Jersey...

“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

Date: Jun 18, 2025

“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld Introduction In Charles Kratovil v. City of New Brunswick, the Supreme Court of...

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

Date: Jun 18, 2025

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports 1. Introduction In In Re the Matter Concerning the State Grand Jury (A-15-24,...

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Date: May 28, 2025

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference Introduction The Supreme Court of New Jersey’s decision in M.A. v. J.H.M. (2025) addresses a critical...

Permissible Use of Competitor Names in Attorney Keyword Advertising with Mandatory Disclaimer

Date: May 23, 2025

Permissible Use of Competitor Names in Attorney Keyword Advertising with Mandatory Disclaimer Introduction In In Re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics, 260...

Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute

Date: May 8, 2025

Municipalities Liable for Frivolous Litigation Under New Jersey Frivolous Litigation Statute Introduction Borough of Englewood Cliffs v. Thomas J. Trautner (Supreme Court of New Jersey, decided May...

Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Date: May 7, 2025

Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense 1. Introduction The Supreme Court of New Jersey’s decision in State v. John T. Bragg (May 6, 2025) addresses a pivotal...

Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Date: May 6, 2025

Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding Introduction In In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract...

No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

Date: Apr 8, 2025

No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA Introduction In Re Appeal of the New Jersey Department of Environmental Protection’s...

Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA

Date: Apr 2, 2025

Rappaport v. Pasternak: Reinforcing the Narrow Grounds for Judicial Modification of Arbitration Awards under the NJAA Introduction Laurence J. Rappaport v. Kenneth Pasternak is a landmark New Jersey...

Commissions as Wages: Redefining Payment Structures under the Wage Payment Law

Date: Mar 24, 2025

Commissions as Wages: Redefining Payment Structures under the Wage Payment Law Introduction The case of Rosalyn Musker, Plaintiff-Appellant, v. Suuchi, Inc., Suuchi Ramesh, and Mark Herman,...

New Jersey Wage Payment Law: Commissions for Labor or Services Are Always “Wages,” Not Excludable as “Supplementary Incentives”

Date: Mar 18, 2025

New Jersey Wage Payment Law: Commissions for Labor or Services Are Always “Wages,” Not Excludable as “Supplementary Incentives” Case: Rosalyn Musker v. Suuchi, Inc. (A-8-24) (089665) Court: Supreme...