Legal Research

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STATE DECISIONS:

Reyes et al. v. Egner et al.
TORTS - Fraudulent Concealment - Lessors - Premises Liability - Real Estate Brokers
"Plaintiffs are not required to prove the lessors actively or fraudulently concealed allegedly dangerous conditions for liability to attach in a premises liability case involving a short-term rental."

Pan Chemical Corp. v. Hawthorne
TAXATION - Contaminated Property - Valuation - Industrial Site Remediation Act
"The borough acted reasonably in relying on ISRA definitions in determining whether a contaminated property was 'in use' or 'shut down' for tax assessment purposes."

State v. Jackson
CRIMINAL PRACTICE - Right to a Jury Trial - Waiver
"If a criminal defendant waives his right to a jury trial and is found guilty in a bench trial, he may challenge his waiver on appeal only on the ground that it was not voluntary and knowing; defendant may not rely on the trial court's misapplication of the factors required by Dunne . "

State v. O'Connor
ADMINISTRATIVE LAW - DEP - Jurisdiction - Municipal Courts
"Municipal courts do not have jurisdiction to hear charges of violations of N.J.S.A. 13:9-19, relating to fire setting or burning without a permit. Hearings on such charges must be conducted by the Department of Environmental Protection."

Hoffman v. AsSeenOnTV.com, Inc.
CONSUMER FRAUD - Advertising - Ascertainable Loss - Class Action - Malicious Abuse of Legal Process
"Plaintiff's fraud claims based on an Internet advertisement for a "free bonus" offer are dismissed where plaintiff did not establish an ascertainable loss due to the authorization of his credit card for payment. Defendant's counterclaim for abuse of process is dismissed because defendant did not establish plaintiff's malicious use or perversion of legal process."