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  • Commentaries
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New Jersey Case Commentaries

Reaffirmation of the 'Smith' Standard for Passenger Removal in Traffic Stops: Insights from State v. Bacome

Reaffirmation of the 'Smith' Standard for Passenger Removal in Traffic Stops: Insights from State v. Bacome

Date: Feb 1, 2017
Reaffirmation of the 'Smith' Standard for Passenger Removal in Traffic Stops: Insights from State v. Bacome Introduction State of New Jersey v. Taoian Bacome, decided on January 31, 2017, by the...
Adoption of Restatement (Second) §142 for Choice-of-Law in Statute of Limitations: McCarrell v. Hoffmann-La Roche

Adoption of Restatement (Second) §142 for Choice-of-Law in Statute of Limitations: McCarrell v. Hoffmann-La Roche

Date: Jan 25, 2017
Adoption of Restatement (Second) §142 for Choice-of-Law in Statute of Limitations: McCarrell v. Hoffmann-La Roche Introduction In the landmark case McCarrell v. Hoffmann-La Roche, Inc., the Supreme...
Retroactive Application of Sentencing Statutes: Analysis of State v. Bull

Retroactive Application of Sentencing Statutes: Analysis of State v. Bull

Date: Jan 24, 2017
Retroactive Application of Sentencing Statutes: Analysis of State v. Bull Introduction State of New Jersey v. Rodney Bull (227 N.J. 555, 2017) is a pivotal case decided by the Supreme Court of New...
New Jersey Supreme Court Establishes Enhanced Protections for Juvenile Offenders in State v. Zuber and STATE v. Comer

New Jersey Supreme Court Establishes Enhanced Protections for Juvenile Offenders in State v. Zuber and STATE v. Comer

Date: Jan 12, 2017
New Jersey Supreme Court Establishes Enhanced Protections for Juvenile Offenders in State v. Zuber and STATE v. Comer Introduction In the landmark 2017 decision, the Supreme Court of New Jersey...
Application of Constructive Trusts in Equitable Distribution of Deferred Compensation: New Precedent from Thieme v. Aucoin–Thieme

Application of Constructive Trusts in Equitable Distribution of Deferred Compensation: New Precedent from Thieme v. Aucoin–Thieme

Date: Dec 13, 2016
Application of Constructive Trusts in Equitable Distribution of Deferred Compensation: New Precedent from Thieme v. Aucoin–Thieme Introduction The case of Michael J. Thieme v. Bernice F....
Supreme Court of New Jersey Establishes Comprehensive Security Exemptions for Surveillance Footage under OPRA

Supreme Court of New Jersey Establishes Comprehensive Security Exemptions for Surveillance Footage under OPRA

Date: Nov 23, 2016
Supreme Court of New Jersey Establishes Comprehensive Security Exemptions for Surveillance Footage under OPRA Introduction The Supreme Court of New Jersey, in the landmark case of Patricia Gilleran...
New Jersey Supreme Court Eliminates Inadvertence Requirement in Plain-View Doctrine

New Jersey Supreme Court Eliminates Inadvertence Requirement in Plain-View Doctrine

Date: Nov 16, 2016
New Jersey Supreme Court Eliminates Inadvertence Requirement in Plain-View Doctrine Introduction In State of New Jersey v. Xiomara Gonzales (227 N.J. 77, 2016), the Supreme Court of New Jersey...
New Jersey Supreme Court Establishes Enhanced Standards for Gross Negligence in Amusement Park Operations

New Jersey Supreme Court Establishes Enhanced Standards for Gross Negligence in Amusement Park Operations

Date: Aug 24, 2016
New Jersey Supreme Court Establishes Enhanced Standards for Gross Negligence in Amusement Park Operations Introduction In the landmark case of Steinberg v. Sahara Sam's Oasis, LLC, the Supreme Court...
New Precedent on State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers in In re Reglan Litigation

New Precedent on State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers in In re Reglan Litigation

Date: Aug 23, 2016
New Precedent on State-Law Failure-to-Warn Claims Against Generic Drug Manufacturers in In re Reglan Litigation Introduction In re Reglan Litigation (226 N.J. 315) is a landmark case adjudicated by...
Cypress Point v. Adria Towers: Expansion of CGL Insurance Coverage for Consequential Damages

Cypress Point v. Adria Towers: Expansion of CGL Insurance Coverage for Consequential Damages

Date: Aug 5, 2016
Cypress Point Condominium Association v. Adria Towers: Expansion of CGL Insurance Coverage for Consequential Damages Introduction The Cypress Point Condominium Association, Inc. v. Adria Towers,...
Revisiting LLC Member Expulsion Standards: Insights from IE Test, LLC v. Kenneth Carroll

Revisiting LLC Member Expulsion Standards: Insights from IE Test, LLC v. Kenneth Carroll

Date: Aug 3, 2016
Revisiting LLC Member Expulsion Standards: Insights from IE Test, LLC v. Kenneth Carroll Introduction The case of IE Test, LLC v. Kenneth Carroll (226 N.J. 166) adjudicated by the Supreme Court of...
Retroactive Application of Insurance Amendments: Analysis of Karon K. Johnson v. Roselle EZ Quick LLC

Retroactive Application of Insurance Amendments: Analysis of Karon K. Johnson v. Roselle EZ Quick LLC

Date: Jul 28, 2016
Retroactive Application of Insurance Amendments: Analysis of Karon K. Johnson v. Roselle EZ Quick LLC Introduction The case of Karon K. Johnson v. Roselle EZ Quick LLC was adjudicated by the Supreme...
State v. Scriven: Clarifying the High-Beam Statute and Unreasonable Vehicle Stops

State v. Scriven: Clarifying the High-Beam Statute and Unreasonable Vehicle Stops

Date: Jul 21, 2016
State v. Scriven: Clarifying the High-Beam Statute and Unreasonable Vehicle Stops Introduction In the landmark case State of New Jersey v. Al–Sharif Scriven (226 N.J. 20), the Supreme Court of New...
Supreme Court of NJ Reinforces Summary Judgment Standards in Settlement Fund Ownership Disputes under Bankruptcy Code

Supreme Court of NJ Reinforces Summary Judgment Standards in Settlement Fund Ownership Disputes under Bankruptcy Code

Date: Jun 30, 2016
Supreme Court of New Jersey Reinforces Summary Judgment Standards in Settlement Fund Ownership Disputes under Bankruptcy Code Introduction The case Globe Motor Company, a corporation of the State of...
Admissibility of Testimony in Sexual Harassment Cases: Griffin v. City of East Orange

Admissibility of Testimony in Sexual Harassment Cases: Griffin v. City of East Orange

Date: Jun 23, 2016
Admissibility of Testimony in Sexual Harassment Cases: Griffin v. City of East Orange Introduction In the landmark case of Griffin v. City of East Orange, the Supreme Court of New Jersey addressed...
Expanding Marital Status Protections under the New Jersey Law Against Discrimination

Expanding Marital Status Protections under the New Jersey Law Against Discrimination

Date: Jun 22, 2016
Expanding Marital Status Protections under the New Jersey Law Against Discrimination Introduction In the landmark case of Robert Smith v. Millville Rescue Squad and John Redden, the Supreme Court of...
The Unenforceability of Ambiguous Arbitration Clauses: Morgan and De v. Sanford Brown Institute

The Unenforceability of Ambiguous Arbitration Clauses: Morgan and De v. Sanford Brown Institute

Date: Jun 15, 2016
The Unenforceability of Ambiguous Arbitration Clauses: Morgan and De v. Sanford Brown Institute Introduction In the landmark case of Morgan and De v. Sanford Brown Institute, the Supreme Court of New...
Perry v. State of New Jersey: Reinforcing the Bounds of the Rape Shield Law in Third-Party Guilt Defenses

Perry v. State of New Jersey: Reinforcing the Bounds of the Rape Shield Law in Third-Party Guilt Defenses

Date: May 18, 2016
Perry v. State of New Jersey: Reinforcing the Bounds of the Rape Shield Law in Third-Party Guilt Defenses Introduction State of New Jersey v. Bobby Perry is a landmark case adjudicated by the Supreme...
State of New Jersey v. Lee Funderburg: Clarifying Limits on Sua Sponte Jury Instructions for Lesser-Included Offenses

State of New Jersey v. Lee Funderburg: Clarifying Limits on Sua Sponte Jury Instructions for Lesser-Included Offenses

Date: May 6, 2016
State of New Jersey v. Lee Funderburg: Clarifying Limits on Sua Sponte Jury Instructions for Lesser-Included Offenses Introduction In the case of State of New Jersey v. Lee Funderburg (225 N.J. 66),...
Enforcement of Cohabitation Clauses in Divorce Settlements: Quinn v. Quinn

Enforcement of Cohabitation Clauses in Divorce Settlements: Quinn v. Quinn

Date: May 4, 2016
Enforcement of Cohabitation Clauses in Divorce Settlements: Quinn v. Quinn (225 N.J. 34) Introduction Quinn v. Quinn, 225 N.J. 34 (2016), is a landmark decision by the Supreme Court of New Jersey...
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