Legal Research

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Morella v. Grand Union Co./New Jersey Self-Insurers Guaranty Association
"A worker injured before the employer's insolvency is not required to file a proof of claim in the bankruptcy proceeding to qualify for compensation benefits under N.J.S.A. 34:15-120.18a."

Sahli v. Woodbine Board of Education et al
"To the extent that he incurred legal fees in his capacity as school board solicitor, plaintiff is not entitled to indemnification under 18A:16-6 or under the board's insurance policy; both afford him protection in his capacity as secretary pro tem."

Clark v. Pomonio
"Where a bankruptcy stay was in effect, judicial action on a divorce claim violated the stay and was void, causing specific provisions of the default judgment of divorce to be reversed and remanded. "

State v. Marshall
"The trial judge erred when, after implicitly recognizing that the apartment to be searched was not sufficiently described, he issued the warrant conditioned on the police then getting the information necessary to describe it with particularity."

Sensient Colors Inc. v. Allstate Ins. Co. et al
"In this environmental cleanup insurance coverage action, special equities overcome the presumption favoring the first-filed action in New York and support proceeding in New Jersey."

State v. Allegro
"A defendant's ineffective assistance of counsel claim must satisfy the two-pronged Strickland/Fritz standard. "

State v. Jenewicz
"The cumulative effect of the preclusion of witnesses and improper cross-examination of the defense expert and disparagement of him in summation cast doubt on the fairness of defendant's trial and the verdict, necessitating a new trial."

Shore Orthopaedic Group, L.L.C. v. The Equitable Life Assurance Society of the United States et al
"Counsel fees are not authorized under R. 4:42-9(a)(6) because a claim for disability coverage of an insured member of a medical group under a policy the group owns as beneficiary is a first-party claim to which the rule does not apply; counsel fees are unavailable under the frivolous litigation statute in the absence of intentional or reckless disregard of the lack of reasonable basis to deny the claim; it is within the court's inherent authority to award a sanction for a discovery violation where it is jus"

Appaloosa Investment, L.P.I. v. J.P. Morgan Securities Inc. et al
"The use of New Jersey agents to carry out the ministerial activities required for maintenance of a stock exchange listing is insufficient to confer jurisdiction over this Canadian corporation with no other contacts with this state."

Division of Youth and Family Services v. G.M. et al
"The court must conduct a full custody hearing prior to terminating a Title Nine proceeding in which a child abuse and neglect complaint has resulted in a change of residential custody of the child involved."

State v. Read
"The Family Part is not required to consider a juvenile's alleged psychological impairments in determining whether to waive a Chart 1 offense against a juvenile over the age of 16; judicial fact-finding by a preponderance of the evidence does not violate a juvenile defendant's jury trial rights. "

In the Matter of Distribution of the Casino Simulcasting Special Fund
"Because the New Jersey Racing Commission failed to adopt a regulation describing procedures governing applications to the Casino Simulcasting Special Fund, and disputes arising thereof, and failed to deliberate and vote on the distribution of the fund at a public meeting after giving adequate notice to the public, its actions were inconsistent with the OPMA, the APA and principles of administrative due process."

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