New Jersey Case Commentaries

Estate of Dawson: Establishing a Rebuttable Presumption for Classifying Stock Distributions Based on Percentage in Trust Administration

Date: Jun 10, 1994

Estate of Dawson: Establishing a Rebuttable Presumption for Classifying Stock Distributions Based on Percentage in Trust Administration 1. Introduction The Estate of Dudley B. Dawson case,...

Extension of Bystander Liability to Unmarried Cohabitants in New Jersey

Date: Jun 3, 1994

Extension of Bystander Liability to Unmarried Cohabitants in New Jersey Introduction The Supreme Court of New Jersey, in the landmark case of Eileen M. Dunphy v. James L. Gregor (136 N.J. 99, 1994),...

Equitable Liens and Successor Liability: Insights from VRG Corporation v. GKN Realty Corp.

Date: May 19, 1994

Equitable Liens and Successor Liability: Insights from VRG Corporation v. GKN Realty Corp. Introduction VRG Corporation v. GKN Realty Corp. and Heathercroft Associates, L.P. is a pivotal case decided...

Duty of Insurance Brokers to Loss-Payees in Selecting Financially Stable Carriers: CARTER LINCOLN-MERCURY v. EMAR Group, Inc.

Date: Apr 13, 1994

Duty of Insurance Brokers to Loss-Payees in Selecting Financially Stable Carriers: CARTER LINCOLN-MERCURY v. EMAR Group, Inc. Introduction Carter Lincoln-Mercury, Inc., Leasing Division, v. EMAR...

Affirmation of Judicial Discretion to Vacate Possession Judgments: Housing Authority of Morristown v. Cathy Little

Date: Apr 12, 1994

Affirmation of Judicial Discretion to Vacate Possession Judgments: Housing Authority of Morristown v. Cathy Little Introduction In the landmark case of Housing Authority of the Town of Morristown v....

Establishing Rigorous Validation Standards for Psychological Assessments in Police Officer Recruitment

Date: Apr 1, 1994

Establishing Rigorous Validation Standards for Psychological Assessments in Police Officer Recruitment Introduction In the Matter of Anastasia M. Vey, Police Officer of North Wildwood City, 135 N.J....

Concurrent Title 9 and Title 30 Proceedings in DYFS v. K.M., Sr.

Date: Mar 12, 1994

Concurrent Title 9 and Title 30 Proceedings in DYFS v. K.M., Sr. Introduction The case of New Jersey Division of Youth and Family Services (DYFS) v. K.M., Sr., decided by the Supreme Court of New...

Reasonable Suspicion Required for Ordering Passengers from Lawfully Stopped Vehicles

Date: Jan 27, 1994

Reasonable Suspicion Required for Ordering Passengers from Lawfully Stopped Vehicles Introduction The case of State of New Jersey v. Brian L. Smith addresses pivotal issues surrounding the Fourth...

New Jersey Supreme Court Affirms Nonjusticiability of ‘Senatorial Courtesy’ in Judicial Nominations

Date: Dec 24, 1993

New Jersey Supreme Court Affirms Nonjusticiability of ‘Senatorial Courtesy’ in Judicial Nominations Introduction In the landmark case of De Vesa et al. v. O'Connor et al., the Supreme Court of New...

Exclusive Remedies and Arbitration Clauses under the New Home Warranty Act

Date: Dec 9, 1993

Exclusive Remedies and Arbitration Clauses under the New Home Warranty Act Introduction The case of Ronald MARCHAK v. CLARIDGE COMMONS, INC., adjudicated by the Supreme Court of New Jersey in 1993,...

Supreme Court Upholds the Clarity of New Jersey's 'Drug Kingpin' Statute in State v. Afanador

Date: Oct 28, 1993

Supreme Court Upholds the Clarity of New Jersey's 'Drug Kingpin' Statute in State v. Afanador Introduction In State of New Jersey v. Moises Afanador, 134 N.J. 162 (1993), the Supreme Court of New...

Establishing Precedents in Child Custody: The Guardianhip of J.T.

Date: Sep 18, 1993

Establishing Precedents in Child Custody: The Guardianship of J.T. Introduction The case of In the Matter of the Guardianship of J.T. (269 N.J. Super. 172) adjudicated by the Superior Court of New...

Incarceration and Parental Rights Termination: Comprehensive Analysis of In re the Adoption of Children by L.A.S.

Date: Aug 6, 1993

Incarceration and Parental Rights Termination: Comprehensive Analysis of In the Matter of the Adoption of Children by L.A.S. (134 N.J. 127) Introduction In the Matter of the Adoption of Children by...

Galloway v. State of New Jersey: Affirming the Broad Interpretation of Diminished Capacity

Date: Aug 3, 1993

Galloway v. State of New Jersey: Affirming the Broad Interpretation of Diminished Capacity Introduction Galloway v. State of New Jersey, 133 N.J. 631 (1993), is a landmark case adjudicated by the...

Establishing Liability of Title Insurance Companies for Closing Attorney Misappropriations

Date: Jul 30, 1993

Establishing Liability of Title Insurance Companies for Closing Attorney Misappropriations Introduction The Supreme Court of New Jersey's 1993 decision in Sears Mortgage Corporation v. Michael Rose...

Supreme Court of NJ Establishes Absolute Immunity for Police Pursuits under N.J.S.A. 59:5-2b(2)

Date: Jul 29, 1993

Supreme Court of NJ Establishes Absolute Immunity for Police Pursuits under N.J.S.A. 59:5-2b(2) Introduction In the landmark case of TICE v. CRAMER, the Supreme Court of New Jersey addressed the...

Establishing a Two-Year Limitation Period for LAD Sexual Harassment Claims

Date: Jul 28, 1993

Establishing a Two-Year Limitation Period for LAD Sexual Harassment Claims Introduction In the landmark case of Jessica Montells v. Ronald Haynes et al. (133 N.J. 282, 1993), the Supreme Court of New...

Establishing the Heeding Presumption in Failure-to-Warn Product Liability Cases: COFFMAN v. KEENE CORPoration

Date: Jul 27, 1993

Establishing the Heeding Presumption in Failure-to-Warn Product Liability Cases: COFFMAN v. KEENE CORPoration Introduction COFFMAN v. KEENE CORPoration, et al. is a landmark case decided by the...

Duty to Inform Suspects of Retained Counsel: New Jersey Establishes Critical Safeguard in Custodial Interrogations

Date: Jul 24, 1993

Duty to Inform Suspects of Retained Counsel: New Jersey Establishes Critical Safeguard in Custodial Interrogations Introduction The landmark case of State of New Jersey v. John Robert Reed (133 N.J....

New Jersey Supreme Court Establishes Precedent on CGL Coverage for Environmental Remediation

Date: Jul 22, 1993

New Jersey Supreme Court Establishes Precedent on Comprehensive General Liability Coverage for Environmental Remediation Introduction The case of Morton International, Inc. v. General Accident...