Legal Research

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STATE DECISIONS:

Crespo v. Crespo
FAMILY LAW - Domestic Violence - Restraining Orders
"The Prevention of Domestic Violence Act is not unconstitutional because of its incorporation of procedural components or because it imposes only a preponderance standard."

State v. Baum
CRIMINAL PRACTICE - Search and Seizure
"Defendant-passenger's motion to suppress should have been denied since he did not have standing to assert the driver's Fifth Amendment right against self-incrimination and the search was not unreasonable."

Davanne Realty v. Edison Township
TAXATION - Assessed Valuation
"The alleged excess tax payment imposed on plaintiff was not a fine, forfeiture or penalty imposed in violation of the Excessive Fines Clause of the Eighth Amendment. "

Hadfield v. The Prudential Insurance Co.
INSURANCE LAW - Beneficiary Designation
"Where decedent did not change the beneficiary of his group life insurance policy upon divorce, pursuant to N.J.S.A. 3B:3-14, the policy proceeds pass as if the former spouse disclaimed her interest".

United Parcel Service General Services Co. v. Dir., Div. of Taxation
TAXATION - Corporation Business Tax
"Relating to assessments of Corporation Business Tax, the director properly imputed interest with respect to certain transactions between plaintiffs, and properly allocated to New Jersey certain receipts of each plaintiff; however, the director improperly imposed certain late-payment penalties and amnesty penalties."

State v. Hupka
CRIMINAL PRACTICE - Public Office Forfeiture
"Forfeiture of all future public employment was not appropriately ordered where defendant's offense was not related directly to his performance in, or circumstances flowing from, his specific public offices"

FEDERAL DECISIONS:

Yeager v. United States
CRIMINAL PRACTICE - Acquittal - Double Jeopardy
"An apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause."

Travelers Indemnity Co. v. Bailey
BANKRUPTCY - Insurance - Jurisdiction
"Finality of Bankruptcy Court's orders approving the Johns-Manville Corporation's reorganization plan and a settlement releasing its insurers from policy claims, which were channeled to a separate trust, generally stands in the way of challenging the enforceability of those orders, and the injunction bars direct actions against an insurer based on alleged misconduct."

District Attorney's Office for the Third Judicial District v. Osborne
CRIMINAL PRACTICE - Exculpatory Evidence - Sect 1983
"Prisoner filing suit under 42 U.S.C. § 1983, has no constitutional due process right to obtain post-conviction access to the state's evidence for DNA testing."

Gross v. FBL Financial Services Inc.
EMPLOYMENT - Age Discrimination
"A plaintiff bringing an Age Discrimination in Employment Act disparate-treatment claim must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action."

Polar Tankers Inc. v. City of Valdez, Alaska
CONSTITUTIONAL LAW - Tonnage
"A municipal ordinance that imposes a personal property tax on certain boats and vessels, which contains exceptions that, in effect, largely limit its applicability to large oil tankers, violates the Constitution's Tonnage Clause, Art. I, § 10, cl. 3."

Nijhawan v. Holder
IMMIGRATION LAW - Deportation
"Immigration and Nationality Act's $10,000 threshold for an "aggravated felony" that makes an alien deportable refers to the particular circumstances in which an offender committed a fraud or deceit crime on a particular occasion rather than to an element of the fraud or deceit crime. "

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