Legal Research

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STATE DECISIONS:

St. George's Dragons, L.P. v. Newport Real Estate Group
CONTRACTS - Right of First Refusal
"Traditional principals of contract interpretation apply to rights of first refusal; the right here required only that its holder match the purchase price in the third-party offer, not the seller's expected net return. "

Lee v. First Union National Bank
CONSUMER FRAUD ACT - Securities
"The sale of securities is not included within the Consumer Fraud Act's definition of 'merchandise,' and defendants' conduct in the sale of securities cannot be characterized as a 'service' where that would thwart the statute's design to keep the sale of securities beyond the CFA's application."

DEB Associates v. Greater New York Mutual Ins. Co.
INSURANCE LAW - Increased Cost of Construction Coverage
"The additional costs of repair to bring the undamaged parts of plaintiff's wind-damaged building up to current construction code standards are covered under its insurance policy."

Schmidhausler v. Lake Como Planning Board
LAND USE and PLANNING - Board Members Eligibility to Vote
"If a board member who is ineligible to vote because of a missed meeting does so, the remedy is to remand for a revote, not to subtract his vote from the eligible votes."

Redvanly v. Automated Data Processing Inc.
EMPLOYMENT - Wrongful Termination - After-Acquired Evidence Defense
"In a wrongful-termination case where an "after-acquired evidence defense" is appropriate, the trial must be bifurcated into a liability and damages phase and evidence of the defense is admissible only in the damages phase."

United Hearts, L.L.C. v. Zahabian
ATTORNEY/CLIENT - Frivolous Litigation Statute
"For purposes of imposing sanctions pursuant to Rule 1:4-8(b), a pleading cannot be considered frivolous, nor can an attorney be deemed to have litigated the matter in bad faith, when the trial court denies summary judgment on at least one claim and allows the matter to proceed to trial. "

Bouie v. New Jersey Department of Community Affairs
ADMINISTRATIVE LAW - Section 8 Rental Assistance
"The hearing that the Department of Community Affairs must afford a recipient of federal Section 8 rental assistance benefits before terminating those benefits is a "contested case" within the intent of the Administrative Procedure Act, which must be heard by an administrative law judge."

FEDERAL DECISIONS:

Viking Yacht Company v. Composites One, L.L.C.
EVIDENCE - Expert Testimony
"Where the parties' motions for summary judgment were premised on the inadmissibility of expert testimony that was subsequently determined to be admissible, summary judgment is denied as to plaintiff's breach-of-warranty claims because the competing expert testimony gives rise to disputed issues of fact."