New Jersey Case Commentaries

Classification of Public Entities as State Administrative Agencies: Insights from Sumukha LLC v. University Hospital

Date: May 24, 2024

Classification of Public Entities as State Administrative Agencies: Insights from Sumukha LLC v. University Hospital Introduction The Supreme Court of New Jersey's decision in Sumukha LLC v....

Reversing Abuse and Neglect Findings: A New Standard for Imminent Danger in Child Protection Cases

Date: May 22, 2024

Reversing Abuse and Neglect Findings: A New Standard for Imminent Danger in Child Protection Cases Introduction The case of New Jersey Division of Child Protection and Permanency v. B.P. marks a...

Reversing Precedents: NJ Supreme Court Defines Imminent Danger in Child Protection Cases

Date: May 22, 2024

Reversing Precedents: NJ Supreme Court Defines Imminent Danger in Child Protection Cases Introduction In the landmark case of New Jersey Division of Child Protection and Permanency v. B.P., the...

Prospective Application of Chapter 212 in Wage Claims: Maia v. IEW Construction Group

Date: May 16, 2024

Prospective Application of Chapter 212 in Wage Claims: Maia v. IEW Construction Group Introduction In the landmark case of Christopher Maia and Sean Howarth, on behalf of themselves and all others...

New Precedent on the Overbreadth of Child Erotica Statutes in NJ

Date: May 9, 2024

New Precedent on the Overbreadth of Child Erotica Statutes in New Jersey Introduction The Supreme Court of New Jersey delivered a landmark decision in the case of State of New Jersey v. Andrew...

New Precedent on Enforceability of Non-Disparagement Clauses Under N.J.S.A. 10:5-12.8(a)

Date: May 8, 2024

New Precedent on Enforceability of Non-Disparagement Clauses Under N.J.S.A. 10:5-12.8(a) Introduction In the landmark case Christine Savage v. Township of Neptune, the Supreme Court of New Jersey...

Establishing a Permissive Standard for Final Protective Orders under SASPA: C.R. v. M.T.

Date: Apr 23, 2024

Establishing a Permissive Standard for Final Protective Orders under SASPA: C.R. v. M.T. Introduction In the landmark case C.R., Plaintiff-Respondent, v. M.T., Defendant-Appellant (257 N.J. 126), the...

CPANJ Not a Public Agency Under OPRA: Implications for Nonprofit Prosecutorial Associations

Date: Apr 18, 2024

CPANJ Not a Public Agency Under OPRA: Implications for Nonprofit Prosecutorial Associations Introduction In the landmark case American Civil Liberties Union of New Jersey v. County Prosecutors...

Implied Covenant of Good Faith and Fair Dealing in Hospital Privilege Decisions

Date: Apr 17, 2024

Implied Covenant of Good Faith and Fair Dealing in Hospital Privilege Decisions Introduction The case of Comprehensive Neurosurgical, P.C. v. The Valley Hospital revolves around a significant dispute...

Reinforcing Contractual Boundaries within Medical Staff Bylaws: NJ Supreme Court Clarifies Implied Covenant Claims

Date: Apr 17, 2024

Reinforcing Contractual Boundaries within Medical Staff Bylaws: NJ Supreme Court Clarifies Implied Covenant Claims Introduction In the case of Comprehensive Neurosurgical, P.C. v. Neurosurgical...

New Precedent on Ascertainable Loss under NJ Consumer Fraud Act: SPARC Group LLC Case Commentary

Date: Mar 26, 2024

New Precedent on Ascertainable Loss under NJ Consumer Fraud Act: SPARC Group LLC Case Commentary Introduction In the landmark case of Christa Robey and Maureen Reynolds, on behalf of themselves and...

Extending Arbitrator Discretion Under TEHL: Sanjuan v. School District of West New York

Date: Feb 13, 2024

Extending Arbitrator Discretion Under TEHL: Sanjuan v. School District of West New York Introduction In the landmark case of Amada Sanjuan v. School District of West New York, Hudson County, decided...

Clarifying Direct Physical Loss and Contamination Exclusions: Supreme Court of NJ Affirms Dismissal of COVID-19 Insurance Claims in AC Ocean Walk

Date: Jan 25, 2024

Clarifying Direct Physical Loss and Contamination Exclusions: Supreme Court of NJ Affirms Dismissal of COVID-19 Insurance Claims in AC Ocean Walk Introduction The case of AC Ocean Walk, LLC v....

State of New Jersey v. William Hill: Upholding Witness Tampering Statute While Ensuring Constitutional Application

Date: Jan 19, 2024

State of New Jersey v. William Hill: Upholding Witness Tampering Statute While Ensuring Constitutional Application Introduction In the landmark case of State of New Jersey v. William Hill, the...

State v. Gartrell: Establishing Abandonment as a Basis for Lack of Standing in Warrantless Searches

Date: Jan 18, 2024

State v. Gartrell: Establishing Abandonment as a Basis for Lack of Standing in Warrantless Searches Introduction In State v. Curtis L. Gartrell, the Supreme Court of New Jersey addressed a pivotal...

Clarifying the Abandonment Exception in Warrantless Searches: STATE v. GARTRELL

Date: Jan 18, 2024

Clarifying the Abandonment Exception in Warrantless Searches: STATE OF NEW JERSEY v. CURTIS L. GARTRELL Introduction In the landmark case of STATE OF NEW JERSEY v. CURTIS L. GARTRELL, decided by the...

N.J.S.A. 56:8-2.11 Refund Provision Limited to Food Misrepresentations: Insights from DeSimone v. Springpoint

Date: Jan 11, 2024

N.J.S.A. 56:8-2.11 Refund Provision Limited to Food Misrepresentations: Insights from DeSimone v. Springpoint Introduction The case William DeSimone, as Executor of the Estate of Evelyn DeSimone,...

Religious Tenets Exception Affirmed as an Affirmative Defense under NJ LAD

Date: Aug 15, 2023

Religious Tenets Exception Affirmed as an Affirmative Defense under New Jersey Law Against Discrimination Introduction In the landmark case Victoria Crisitello v. St. Theresa School, the Supreme...

Immunity Under the New Jersey Tort Claims Act in Inmate Suicide Negligence: Conforti v. County of Ocean

Date: Aug 11, 2023

Immunity Under the New Jersey Tort Claims Act in Inmate Suicide Negligence: Conforti v. County of Ocean Introduction In the landmark case of Carol Ann Conforti v. County of Ocean, the Supreme Court...

Supreme Court of New Jersey Upholds Consumer Protection in Cable Service Billing

Date: Apr 4, 2023

Supreme Court of New Jersey Upholds Consumer Protection in Cable Service Billing Introduction The Supreme Court of New Jersey addressed a pivotal case involving Altice USA, Inc.'s compliance with...