New Jersey Case Commentaries

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN

Date: Jul 17, 1996

Jury Trial Rights in Marital Tort Claims: Insights from BRENNAN v. ORBAN Introduction Mary Brennan v. Joseph S. Orban, Jr. is a pivotal case decided by the Supreme Court of New Jersey on July 16,...

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel

Date: Jul 12, 1996

STATE v. KNIGHT: Retroactive Application of STATE v. SANCHEZ Enhances Defendant's Right to Counsel Introduction In the landmark case State of New Jersey v. Curtis Knight, the Supreme Court of New...

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions

Date: Jul 4, 1996

Diaz v. State: Non-Merger of Firearm Possession and Manslaughter Convictions Introduction In the landmark case of State of New Jersey v. Demetrius M. Diaz, decided on July 3, 1996, the Supreme Court...

State v. RasheedMuhammad: Upholding the Victim Impact Statute in Capital Sentencing

Date: Jun 29, 1996

State v. RasheedMuhammad: Upholding the Victim Impact Statute in Capital Sentencing Introduction State of New Jersey appealed the constitutionality of the state's victim impact statute, N.J.S.A....

Imposition of Liability on Municipalities for Regional Authority Debts: Analysis of Wanaque Borough Sewerage Authority v. Township of West Milford

Date: Jun 27, 1996

Imposition of Liability on Municipalities for Regional Authority Debts: Analysis of Wanaque Borough Sewerage Authority v. Township of West Milford Introduction The case of Wanaque Borough Sewerage...

Clarifying Operator Liability Under New Jersey's Ski Statute: Insights from BRETT v. GREAT AMERICAN RECREATION

Date: Jun 14, 1996

Clarifying Operator Liability Under New Jersey's Ski Statute: Insights from BRETT v. GREAT AMERICAN RECREATION Introduction The case of Patrick Brett and Elisa Ramundo, Plaintiffs-Respondents, v....

General Accident Insurance Company Precluded from Enforcing Arbitration Clause in UIM Endorsement

Date: Jun 13, 1996

General Accident Insurance Company Precluded from Enforcing Arbitration Clause in UIM Endorsement Introduction In Martin S. Zirger v. General Accident Insurance Company, 144 N.J. 327 (1996), the...

Employment Status Determines Wrongful Discharge Protections: MacDougall v. Weichert

Date: Jun 11, 1996

Employment Status Determines Wrongful Discharge Protections: MacDougall v. Weichert Introduction In the landmark case of John W. MacDougall v. Weichert Co., Realtors, the Supreme Court of New Jersey...

Prosecutorial Duty to Present Clearly Exculpatory Evidence to the Grand Jury: Analysis of State v. Hogan

Date: May 24, 1996

Prosecutorial Duty to Present Clearly Exculpatory Evidence to the Grand Jury: Analysis of State v. Hogan Introduction State of New Jersey v. Benny Hogan, Jr., 144 N.J. 216 (1996), is a landmark...

Limitation of Strict Liability for Component Manufacturers under N.J.S.A. 2A:58C in Zaza v. Marquess and Nell, Inc.

Date: May 10, 1996

Limitation of Strict Liability for Component Manufacturers under N.J.S.A. 2A:58C in Zaza v. Marquess and Nell, Inc. Introduction The case of Zaza v. Marquess and Nell, Inc. (1996) adjudicated by the...

N.J.S.A. 18A:29-4.1 Limits on Post-Expiration Salary Increments in Education Contracts

Date: May 9, 1996

N.J.S.A. 18A:29-4.1 Limits on Post-Expiration Salary Increments in Education Contracts Introduction In the landmark case Board of Education of the Township of Neptune v. Neptune Township Education...

Continuing Tort Doctrine and Statute of Repose in Construction-Related Flood Damage: Russo Farms v. Vineland Board of Education

Date: May 8, 1996

Continuing Tort Doctrine and Statute of Repose in Construction-Related Flood Damage: Russo Farms v. Vineland Board of Education Introduction Russo Farms, Inc., et al. v. Vineland Board of Education,...

Imposition of Duty of Care on Engineers in Construction Safety: Carvalho v. Toll Brothers

Date: May 7, 1996

Imposition of Duty of Care on Engineers in Construction Safety: Carvalho v. Toll Brothers Introduction The case of Cidalina O. Carvalho v. Toll Brothers and Developers presented a pivotal question in...

Downgrading Sentences Under N.J.S.A. 2C:44-1f(2): A Comprehensive Analysis of STATE v. MEGARGEL

Date: Mar 28, 1996

Downgrading Sentences Under N.J.S.A. 2C:44-1f(2): A Comprehensive Analysis of State of New Jersey v. Michael P. Megargel Introduction State of New Jersey v. Michael P. Megargel (143 N.J. 484, 1996)...

One-Year Cap on Sick Leave Injury Benefits: Upholding Agency Authority in Progressive Occupational Injuries

Date: Feb 2, 1996

One-Year Cap on Sick Leave Injury Benefits: Upholding Agency Authority in Progressive Occupational Injuries Introduction The case of Irene Musick v. Department of Corrections (143 N.J. 206)...

Defining "Traumatic Event" in Retirement Disability Benefits: Analysis of Mazza v. Board of Trustees

Date: Dec 19, 1995

Defining "Traumatic Event" in Retirement Disability Benefits: Analysis of Mazza v. Board of Trustees Introduction Dennis Mazza v. Board of Trustees, Police and Firemen's Retirement System is a...

Establishing Summary Judgment Standards in Broker Negligence Claims: Brill v. Guardian Life Insurance

Date: Oct 25, 1995

Establishing Summary Judgment Standards in Broker Negligence Claims: Brill v. Guardian Life Insurance Introduction In the landmark case of Brill v. Guardian Life Insurance Company of America, decided...

Supreme Court of New Jersey Upholds Entire Controversy Doctrine in Legal Malpractice Claims

Date: Aug 2, 1995

Supreme Court of New Jersey Upholds Entire Controversy Doctrine in Legal Malpractice Claims Introduction The case of Circle Chevrolet Company, A New Jersey Corporation, and Thomas J. DeFelice, Sr. v....

Entire Controversy Doctrine Bar Applied to Attorney Malpractice Claims in Mystic Isle Development Corp. v. Perskie Nehmad et al.

Date: Aug 2, 1995

Entire Controversy Doctrine Bar Applied to Attorney Malpractice Claims in Mystic Isle Development Corp. v. Perskie Nehmad et al. Introduction Mystic Isle Development Corporation, a real estate...

Reaffirmation of the Entire Controversy Doctrine: Joseph v. Ditrolio et al. (1995)

Date: Aug 2, 1995

Reaffirmation of the Entire Controversy Doctrine: Joseph v. Ditrolio et al. (1995) Introduction The Supreme Court of New Jersey, in the landmark case Joseph v. Ditrolio, M.D., et al. (1995),...

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