Legal Research

Smith et al v. ALZA Corporation et al
"An entity whose activities are limited exclusively to product packaging and labeling comes within the definition of "manufacture," to whom strict liability for product defect may attach, and is not a "product seller," who would qualify for statutory immunity."

North Jersey Neurosurgical Associates, P.A. v. Clarendon National Ins. Co.
"New Jersey law governs the payment of PIP benefits for a New Jersey resident treated in New Jersey for injuries sustained in New York while a passenger in a car registered and insured in New York."

Welch v. Welch
"In a post-judgment motion for change of custody, the court refused to consider documents where the father subpoenaed police records relating to the mother without prior court authorization and when no hearing had been ordered."

State v. Rodriguez
"The state's failure to prove beyond a reasonable doubt that defendant did not act in self-defense in repelling his attacker entitles defendant to an exoneration of criminal liability on the murder, aggravated manslaughter, and manslaughter charges."

Cruz v. Central Jersey Landscaping, Inc.
"The 2004 amendment to the schedule of workers' compensation death benefits is to be applied prospectively only to claimants whose decedents died on or after the amendment's effective date."

Division of Youth and Family Services v. J.L.
"In child abuse cases, the burden-shifting rule of In re D.T. applies only where a limited number of people had access to the child at the time abuse definitively occurred; otherwise, traditional res ipsa loquitur principles apply, and the burden of persuasion remains on DYFS. "

FEDERAL DECISIONS:

Allison Engine Co., Inc., et al v. United States ex rel.
"In qui tam action under False Claims Act alleging fraud by government contractor, plaintiffs must prove that defendant intended the false statement be material to the government's decision to pay or approve the false claim. "

Engquist v. Oregon Department of Agriculture et al
"The class-of-one theory of equal protection does not apply in the public-employment context."

Quanta Computer, Inc., et al v. LG Electronics, Inc.
"The patent exhaustion doctrine prevents a licensor of patents from further asserting its rights with respect to patents substantially embodied by the affected products".

Bridge et al v. Phoenix Bond & Indemnity Co. et al
"A plaintiff asserting a RICO claim predicated on mail fraud need not show, either as an element of its claim or as a prerequisite to establishing proximate causation, that it relied on the defendant's alleged misrepresentations. "

New Jersey Law Journal^®
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