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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal State and Federal Decisions February 7, 2008
By David Badertscher, PLL
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STATE DECISIONS:
Czar Inc. v. Heath et al
"A claim under the New Jersey Consumer Fraud Act is legally viable where a custom cabinetmaker's services, in a newly constructed home, fell within the definition of "home improvement" under N.J.A.C. 13:45A-16.1A."
In re Opinion 710 of the Advisory Committee on Professional Ethics
"ACPE Opinion 710 provides that fraudulent transactions by attorneys in connection with real estate closings violate the RPC; it does not suggest that disclosed seller's concessions are, by themselves, fraudulent or unethical."
FEDERAL DECISIONS:
Howley v. Mellon Financial Corp. et al
"In light of the preplanned immediate termination of plaintiff-employee after the sale of his division, defendant's subsidiary, he did not receive a 'job offer' that meets the Sale of Business' exception in defendant's displacement plan. "
United States v. Jimenez
"Defendants' convictions and sentences, arising out of related conspiracies involving bank and mortgage fraud and mail fraud in connection with residential and commercial mortgaging, are affirmed."
United States v. Tulu
"Consensual continuance orders entered into for the purpose of continuing plea negotiations outweigh the best interest of the public and the defendant in a speedy trial."
In re Denaro
"A debtor is entitled to a fair market credit equal to the sale price obtained through a fair and proper process at a foreclosure auction and a claim for any portion of the debt that is not entirely satisfied survives."
In re Truong et al
"Where the bankruptcy court order appealed from, denying plaintiff's request for a hearing to determine whether there was cause for removal of the trustee, was not a final order under 28 U.S.C. § 158, the appeal was dismissed for lack of jurisdiction."
United States v. Perez
"Defendant's waiver of appeal contained in his plea agreement barred his appeal of the validity of the restitution order imposed as part of his sentence."
New Jersey Law Journal®
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Full post as published by New York Supreme Court Criminal Term Library on February 08, 2008 (boomark / email).
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