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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: State and Federal Decisions March 20, 2008
By David Badertscher, PLL
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STATE DECISIONS:
Boyle v. Ford Motor Company et al
"A manufacturer of a component product is liable for harm caused by the absence of a safety device in a finished product where it was feasible and practical for the device to have been installed at the time the component product was within the control of the manufacturer."
New Jersey Citizens Underwriting Reciprocal Exchange v. Kieran Collins, D.C., L.L.C. et al
"Where a trial judge acts within his statutory jurisdiction in finding "prejudicial error" permitting the court's intervention, the Appellate Division is precluded from examining whether the trial judge's decision was correct."
Greely v. Greely
"Plaintiff's unilateral stipulation of dismissal of her divorce action did not comply with Rule 4:37-1(a) and was a legal nullity; child custody determinations are subject to forum non conveniens challenges under N.J.S.A. 2A:34-71 regardless of the identity of the movant."
Sellers v. Board of Trustees of the Police and Firemen's Retirement System
"The PFRS Board of Trustees has the authority to apply equitable principles and waive, under appropriate circumstances, the statutory maximum age requirement for a firefighter to enroll into the system."
Adamar of New Jersey Inc. v. Mason
"The 20-year term established by the Legislature for New Jersey judgments can be extended for an additional 20-year term, provided the creditor files a timely motion to revive and satisfies the Kronstadt elements."
In the Matter of the Petition of S.D. for Removal from the Voluntary Self-Exclusion List
"The denial of a petition for removal from the voluntary lifetime Self-Exclusion List is within the discretion of the New Jersey Casino Control Commission."
Bauer v. Nesbitt et al
"Summary judgment was improvidently granted in this action asserting statutory and common-law claims against a bar after a fatal auto accident in which a visibly intoxicated patron was being driven home by an intoxicated minor driver who had not been served alcohol."
FEDERAL DECISIONS:
Kestelboym v. Chertoff et al
"A district court may review the attorney general's denial of a naturalization application of a petitioner against whom removal proceedings are pending."
Washington State Grange v. Washington State Republican Party et al
"A state initiative providing voters with relevant information about primary candidates is facially constitutional as it does not unduly burden First Amendment associational rights. "
Snyder v. Louisiana
"Objection to the striking of a juror, allegedly based on race, should have been sustained where the prosecutor's proffered reason for the challenge - that the juror was a college senior attempting to fulfill his student-teaching obligation - is insufficient to establish a race-neutral motive."
Full post as published by New York Supreme Court Criminal Term Library on March 21, 2008 (boomark / email).
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