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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal State and Federal Decisions July 3, 2008
By David Badertscher, PLL
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STATE DECISIONS:
Richard A. Pulaski Construction Co. v. Air Frame Hangars Inc. et al.
"If New Jersey common law admits a cause of action for prima facie tort, it is available only in those instances that do not fall within a traditional tort cause of action."
State v. Nero
"To convict a defendant of first-degree robbery involving the threat of the immediate use of a deadly weapon by simulation, the jury must find that the simulation was undertaken with a purposeful state of mind."
State v. Taffaro
"The trial judge's questions that suggest disbelief regarding defendant's testimony where credibility was an important issue require reversal."
In the Matter of the Appeal by Earle Asphalt Co.
"The amendment to the CCERA that disqualifies from government contracts of more than $17,500 business entities that over the preceding 18 months have contributed $300 or more to a governor, a gubernatorial candidate or a political party committee is constitutional."
Taddei v. State Farm Indemnity Co.
"The trial judge did not err in molding the jury verdict to conform with the UM coverage limits in plaintiff's policy; however, he should have awarded prejudgment interest."
State v. Aikens et al.
"U.S. marshals are authorized to make a warrantless arrest of a person who they have probable cause to believe has violated that Federal Fugitive Act by fleeing from one state to another to avoid prosecution."
In the Matter of the Petition of Adamar of New Jersey, Inc. for Renewal of Its Casino and Casino Hotel Alcoholic Beverage Licenses etc.
"Where the licensee's regulatory compliance was "abysmal" and its performance demonstrated a lack of business ability to function in the Atlantic City regulatory environment, the denial of renewal of its casino licenses was affirmed."
FEDERAL DECISIONS:
DiCarlo v. St. Mary's Hospital et al.
"The District Court correctly dismissed plaintiff's contract and consumer fraud claims arising out of the practice of charging private pay clients higher hospital rates than insured patients and patients covered under government programs. "
Northlight Harbor, L.L.C. v. United States
"Where the government's actions were found to be discretionary, the discretionary-function exception to the Federal Tort Claims Act immunized the government from suit."
Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County et al.
"Federal Energy Regulatory Commission is required to apply the Mobile-Sierra "just and reasonable" presumption in evaluating long-term contracts that locked in electricity rates."
Wartsila NSD North America, Inc. v. Hill International, Inc., etc.
"Exculpatory clauses are generally valid, and the public policy of freedom of contract is best served by enforcing the provisions therein."
Davis v. Federal Election Commission
"Bipartisan Campaign Reform Act provision imposing different spending limits for self-financing and nonself-financing candidates impermissibly burdens a self-financing candidate's First Amendment right to spend his own money for campaign speech"
New Jersey Law Journal®
P.O. Box 20081, 238 Mulberry Street, Newark, N.J. 07101-6081 (973) 642-0075.
Full post as published by New York Supreme Court Criminal Term Library on July 03, 2008 (boomark / email).
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