Home -> Law Blog Directory -> Legal Research Blogs -> New York Supreme Court Criminal Term Library
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Research
: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: State and Federal Decisions August 14, 2009
By David Badertscher, PLL
If you are already an online subscriber to the New Jersey Law Journal Case Alert Service you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.
Subscription required for online access:
STATE DECISIONS:
Professional Stone, Stucco & Siding Applicators Inc. v. Carter
CIVIL PRACTICE - Default Judgment
"A trial court should consider on its merits a second, more thorough motion when, due to haste caused by pending collection proceedings, an earlier Rule 4:50-1 motion was found inadequate and denied. "
Quigley v. Esquire Deposition Services, L.L.C.
CONSUMER PROTECTION - Consumer Fraud Act - Depositions
"The statute and administrative regulations governing shorthand reporting do not apply to depositions taken in connection with federal litigation because they are pre-empted by the Federal Rules of Civil Procedure"
Severino v. Melachi
INSURANCE LAW - UIM Coverage
"Plaintiffs, who were struck and killed while crossing a street, were not entitled to underinsured-motorist coverage or personal-injury protection benefits because there was no substantial nexus between the accident and the use or occupancy of the car they had exited."
Borromeo v. Migliaccio
REAL PROPERTY - Writs of Execution
"The writ of execution directed to the wrong county sheriff and misidentifying the county in which the property is located was void, not voidable, and plaintiff's delivery of a corrected writ of execution did not cure the defective writ."
Quinlan v. Curtiss-Wright Corporation
LABOR AND EMPLOYMENT - Discrimination - Protected Activity
"In this employment discrimination case, the trial court erred when it instructed the jury that plaintiff's attorney's use at deposition of confidential documents plaintiff had copied from her employer's files was protected activity."
BIS LP Inc. v. Director, Division of Taxation
TAXATION - Corporate Business Tax
"The 2006 amendment to N.J.A.C. 18:7-1.15 regarding the definition of a qualified investment asset should not have been applied retroactively. "
The Presbyterian Home at Pennington v. Borough of Pennington
TAXATION - Health-Care Providers - Real Property
"There was no basis in either the plain language of the statute or its legislative history to impose a charitable-care component on an assisted living facility for it to qualify for property tax exemption under N.J.S.A. 54:4-3.6."
State v. Washington
CRIMINAL PRACTICE - Theft - Restitution
"The trial court did not err in instructing the jury on the three types of "theft," although the indictment charged only theft by unlawful taking; the court did err in setting the amount of restitution without conducting a hearing."
New Jersey Lawyers' Fund for Client Protection v. Stewart Title Guaranty Co.
INSURANCE LAW - Title Insurance - Attorney Defalcation
"In the context of a real estate closing conducted under the North Jersey method, a title insurance carrier is liable for the closing attorney's defalcation unless it notifies the clients directly that it was disclaiming any liability for the attorney's malfeasance."
Hubner v. Spring Valley Equestrian Center
TORTS - Negligence - Equine Activities
"An exculpatory release will not be enforced to bar a claim for liability arising out of conduct or omissions expressly identified in N.J.S.A. 5:15-9 of the equine activities liability act. "
U.S. Land Resources v. Borough of Roseland
TAXATION - Property Taxes
"No 'interests of justice' would be served by dismissing plaintiff's complaint for failure to pay the property taxes under N.J.S.A. 54:51A-1(b) when the overriding purpose of the statute has been satisfied, given the intent of the 1999 amendment to remove any 'jurisdictional prerequisite.' "
Cruz-Diaz v. Hendricks
INSURANCE LAW - PIP - Statute of Limitations
"Plaintiff's PIP claim is time-barred; payment of transportation costs to an independent medical examination (IME), which were paid by the PIP insurer, does not constitute a 'benefit' that extends the time when the PIP statute of limitations begins to run."
Application for Project Authorization Under New Jersey Register of Historic Places Act
LAND USE and PLANNING - Redevelopment
"The Camden Redevelopment Agency has standing to apply for authorization to demolish a building on the National and New Jersey Registers of Historic Places; the DEP did not act arbitrarily or capriciously in granting the application."
A.M.S., on Behalf of Minor Child, A.D.S. v. Margate Board of Education
SCHOOLS AND EDUCATION - Military - Domicile
"There was substantial, credible evidence in the record establishing that petitioner, a full-time, active-duty member of the U.S. Army, is domiciled in Margate; Margate is responsible for providing petitioner's son with a free public school education."
FEDERAL DECISIONS:
Pascarella v. Swift Transportation Company
ADMINISTRATIVE LAW - Commercial License
"Due process is satisfied by the published availability of procedures for a predeprivation hearing in the New Jersey Administrative Code; because plaintiff failed to request a predeprivation hearing, he cannot state a claim for denial of due process. "
New Jersey Law Journal®
P.O. Box 20081, 238 Mulberry Street, Newark, N.J. 07101-6081
Customer Service Phone: (973) 642-0075
Full post as published by New York Supreme Court Criminal Term Library on August 14, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
New Jersey Employment Law
alleged violations of New Jersey state labor laws including overtime pay, discrimination and harassment.
Wells Fargo Settles New Jersey State Investigation into Pick-a-Payment Mortgages
Wells Fargo Settles New Jersey State Investigation into Pick-a-Payment Mortgages
Wal-Mart
Settles 63 Federal and State Class Actions for $640 Million
Health Insurers
Dictating Medical Decisions
$31 Million Verdict
Against Camden New Jersey
Hep B, HIV Scare
2,800 New Jersey Residents Urged to Get Tested

Jersey Hospitals Facing Loss Of Millions In Medicaid Funds
NJ- SEX FELONS MUST MOVE, COURT SAYS
My Article on Emerging Medicaid Eligibility Strategies Published in the New Jersey Law Journal
Big political corruption busts in New Jersey . . . thanks to a cooperator







