Legal Research

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STATE DECISIONS:

In re Jasper Seating Co.
GOVERNMENT - Public Bidding
"Appellant's inclusion of a price-escalation sticker on the cover of its preprinted list price catalogs was a material deviation from the RFP, requiring the rejection of its bid as nonconforming."

State v. Byrd
CRIMINAL PRACTICE - Right To Confront Witnesses
"Where the New Jersey Rules of Evidence do not contain a forfeiture-by-wrongdoing exception to the hearsay rule, the trial court improperly introduced the statement of a witness who allegedly was made unavailable by intimidation."

539 Absecon Boulevard, L.L.C. v. Shan Enterprises Limited Partnership
CONSUMER PROTECTION - Business Sales
"The Consumer Fraud Act does not apply to plaintiffs' purchase of an ongoing motel business and related real estate."

In re Petition for the Withdrawal of Oradell from the River Dell Regional School District
SCHOOLS AND EDUCATION - School Districts
"A board of review may consider factors in addition to a school district's borrowing margin in deciding whether the dissolution of a school district will impose an excessive debt burden on the constituent school districts."

Hirl v. Bank of America
BANKING - Disclosure of Financial Records
"N.J.S.A. 17:16K-3 permits a financial institution to disclose information to a third party as prescribed by the statute relative to an electronic fund transfer or an account with electronic transfer capability."

Highland Lakes Country Club and Community Association v. Nicastro
REAL PROPERTY - Affidavit of Merit Statute - Boundary Dispute
"Where the third-party plaintiffs' claims against land surveyors are contingent on their liability to plaintiff for alleged trespass, and plaintiff has not yet produced evidence to establish an error in the surveyor's work, no independent claim of professional negligence has accrued and application of the Affidavit of Merit Statute would be inconsistent with the statute's overall purposes."

Hunterdon Medical Center v. Township of Readington
TAXATION - Hospital-Purposes Exemption
"Based on standards set forth by the Supreme Court of New Jersey in Hunterdon Medical Center v. Township of Readington, second-floor space used for physical therapy services at plaintiff's building located nine miles from plaintiff's main hospital campus does not qualify for a "hospital purposes" exemption under N.J.S.A. 54:4-3.6"

FEDERAL DECISIONS:

Wilson v. County of Gloucester
CIVIL PRACTICE - Class Actions - Jail Conditions
"Class certification is granted in this challenge to defendants' policies regarding delousing and showering of pretrial detainees ? the equitable portion under Rule 23(b)(2) and the damages portion under Rule 23(b)(3)."

Kaufman v. Allstate New Jersey Ins. Co.
INSURANCE LAW - Class Actions
"As a matter of first impression, the court considers the meaning of the significant- basis and principal-injuries provisions within the Class Action Fairness Act's local-controversy exception."

Palmer v. University of Medicine and Dentistry of New Jersey
CIVIL PRACTICE - Jurisdiction - Removal
"UMDNJ failed to demonstrate that this action "arises under" federal law for purposes of 28 U.S.C. § 1331. Absent a basis to confer subject-matter jurisdiction, UMDNJ, a cross-claimant, improperly removed the case under 28 U.S.C. Sect. 1441."

Freeman v. Chertoff
PUBLIC EMPLOYEES - Federal
"Where the government employer rejected plaintiff's proposed accommodation of teleworking two days a week and terminated her employment, summary judgment is inappropriate as to the reasonableness of the accommodation and her claims of discrimination and retaliation."

Entergy Corp. v. Riverkeeper Inc.
ENVIRONMENTAL LAW - Administrative Law - Rulemaking
"The Environmental Protection Agency permissibly relied on cost-benefit analysis in setting the national performance standards and in providing for cost-benefit variances from those standards as part of the Phase II regulations."

14 Penn Plaza, L.L.C. v. Pyett
LABOR LAW - Collective Bargaining - Arbitration
"A provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate Age Discrimination in Employment Act claims is enforceable as a matter of federal law."

Harbison v. Bell
CRIMINAL PRACTICE - Clemency - Right to Counsel
"Title 18 U.S.C. § 3599 authorizes federally appointed counsel to represent their clients in state clemency proceedings and entitles them to compensation for that representation."

Rivera v. Illinois
CRIMINAL PRACTICE - Due Process - Juries
"Provided that all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reversal of a conviction because of the trial court's good-faith error in denying the defendant's peremptory challenge to a juror."

Hawaii v. Office of Hawaiian Affairs
CONSTITUTIONAL LAW - States' Rights
"The Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the state on its admission to the union."

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