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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal State and Federal Decisions May 30, 2008
By David Badertscher, PLL
If you are already an online subscriber to 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:
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STATE DECISIONS:
Varo et al v. Owens Illinois Inc. et al
"Defendant failed to establish that Spain was an adequate alternative forum; therefore, the motion to dismiss on forum non conveniens grounds should have been denied without consideration of public- and private-interest factors."
Spencer Savings Bank, SLA v. Shaw et al
"The Fair Foreclosure Act does not permit a lender to recoup from the debtor attorneys' fees and costs incurred between expiration of its notice of intention to foreclose and the filing of the foreclosure complaint."
Cicchetti v. Morris County Sheriff's Office et al
"Plaintiff-sheriff's officer's failure to disclose an expunged conviction when applying for work does not bar his workplace discrimination action, but may limit his economic damages."
McElwee v. Borough of Fieldsboro
"N.J.S.A. 40A:14-147's time limit for filing a complaint does not apply when the complaint is based on misconduct; the borough's failure to adopt regulations in compliance with N.J.S.A. 40A:14-181 does not bar its complaint against defendant-police officer for misconduct"
FEDERAL DECISIONS:
Riley, Governor of Alabama v. Kennedy et al
"Since an earlier state law providing for special elections to fill county commissioner vacancies never gained 'force or effect,' a state's subsequent reinstatement of its prior practice of gubernatorial appointment did not rank as a "change" requiring preclearance under the federal Voting Rights Act."
Gomez-Perez v. Potter, Postmaster General
"Age Discrimination in Employment Act prohibits retaliation against a federal employee who complains of age discrimination."
CBOCS West Inc. v. Humphries
"Retaliatory firing claims are cognizable under 42 U.S.C. § 1981."
United States v. Ozcelik
"Defendant's conduct in offering general advice did not tend to substantially facilitate an alien's remaining in the United States illegally; there was insufficient evidence to sustain his conviction for shielding, harboring, and concealing an alien within the meaning of 8 U.S.C. § 1324."
State v. U.S. Nuclear Regulatory Commission
"The NRC document regarding licensee decommissioning is not a final agency action; therefore, New Jersey's petitions for review are dismissed for lack of jurisdiction."
Full post as published by New York Supreme Court Criminal Term Library on May 30, 2008 (boomark / email).
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