New Jersey Case Commentaries

Guardianship of K.H.O.: A Landmark Decision Reinforcing the Best Interests Standard for Terminating Parental Rights

Date: Aug 4, 1999

Guardianship of K.H.O.: A Landmark Decision Reinforcing the Best Interests Standard for Terminating Parental Rights Introduction The case of In the Matter of the Guardianship of K.H.O., a Minor (161...

Balancing Prejudice and Probative Value: NJ Supreme Court on Racial Bias Evidence in Personal Injury Cases

Date: Jul 30, 1999

Balancing Prejudice and Probative Value: NJ Supreme Court on Racial Bias Evidence in Personal Injury Cases Introduction The case of Robert Green and Irene Green v. New Jersey Manufacturers Insurance...

Reaffirming the Anderson Doctrine: Shifting Burden of Proof in Medical Malpractice – Estate of Angelina A. Chin v. St. Barnabas Medical Center

Date: Jul 29, 1999

Reaffirming the Anderson Doctrine: Shifting Burden of Proof in Medical Malpractice – Estate of Angelina A. Chin v. St. Barnabas Medical Center Introduction The case The Estate of Angelina A. Chin v....

Broad Interpretation of Municipal Sign Ordinances: Application to Interior Signs Visible Externally

Date: Jul 29, 1999

Broad Interpretation of Municipal Sign Ordinances: Application to Interior Signs Visible Externally Introduction In the landmark case of State of New Jersey, Township of Pennsauken v. James Schad,...

Martini v. New Jersey: Defining Effective Assistance of Counsel in Capital Sentencing

Date: Jul 28, 1999

Martini v. New Jersey: Defining Effective Assistance of Counsel in Capital Sentencing Introduction In the landmark case of State of New Jersey v. John Martini, Sr. (160 N.J. 248, 1999), the Supreme...

Reinforcing the Actual Malice Standard in Political Defamation: Lynch v. NJ Education Association

Date: Jul 28, 1999

Reinforcing the Actual Malice Standard in Political Defamation: Lynch v. NJ Education Association Introduction The case of HONORABLE JOHN A. LYNCH, JR., NEW JERSEY STATE SENATOR v. NEW JERSEY...

New York Law Governs Vicarious Liability in Interstate Automobile Accident Case

Date: Jul 27, 1999

New York Law Governs Vicarious Liability in Interstate Automobile Accident Case Introduction In the landmark case of Li Fu and Xiao Kang Su v. Freedom River Inc. (160 N.J. 108), the Supreme Court of...

Punitive Damages under the Survivor's Act Without Compensatory Damages: Insights from SMITH v. WHITAKER

Date: Jul 21, 1999

Punitive Damages under the Survivor's Act Without Compensatory Damages: Insights from SMITH v. WHITAKER Introduction In the landmark case of Harold E. Smith, Executor of the Estate of Helen V....

Clarifying "Undue Hardship" for Zoning Variances: Insights from the North Caldwell Decision

Date: Jul 20, 1999

Clarifying "Undue Hardship" for Zoning Variances: Insights from the North Caldwell Decision Introduction The case of Josephine F. Lang v. Zoning Board of Adjustment of the Borough of North Caldwell...

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...