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Case Digests

Opinions Approved for Publication

Thursday, May 8, 2008

Federal and state court opinions approved for publication.

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Bolz v. Bolz et al

Thursday, May 8, 2008

Where an automobile collision involves both public and private tortfeasors, apportionment of each driver's negligence or fault must be assessed, even if there is a possibility that the public entity may not be liable for damages because plaintiff did not meet the Tort Claims Act injury threshold.

Unpublished Opinions

Thursday, May 8, 2008

Unpublished state and federal court opinions.

McGrath v. Poppleton, etc.

Thursday, May 8, 2008

Where the alleged oral modification of the written contract to buy real estate was unenforceable, and the sale did not take place, the sellers are entitled to the non-refundable deposit pursuant to their original sales agreement.

In the Matter of the Expungement Petition of Ross

Tuesday, May 6, 2008

Robert Ross appeals from the denial of his petition for expungement of his bribery conviction.

Williams v. Commissioner of Social Security

Tuesday, May 6, 2008

Attorneys' fees awarded pursuant to the EAJA after a successful appeal of the denial of Social Security benefits are payable directly to the attorneys.

State v. Cottle

Tuesday, May 6, 2008

An attorney who is contemporaneously under indictment in the same county as his client, and being prosecuted by the same prosecutor's office, is engaged in a per se conflict of interest, absent a valid waiver by the client.

State v. Schadewald

Monday, May 5, 2008

Where the court was unable to determine from the record whether defendant was entitled to a step-down in sentencing based on a prior uncounseled plea, the case was remanded.

State v. Shabazz

Monday, May 5, 2008

Where expert testimony and industry publications indicate that the scientific reliability of event data recorder evidence is generally accepted within the automotive and accident reconstruction community, the evidence met the Frye standards for admissibility.

Milford Mill 128, L.L.C. v. Borough of Milford et al

Monday, May 5, 2008

A redevelopment plan can require an applicant to obtain a consistency finding from the governing body as a precondition to having its development application considered by the planning board or board of adjustment.

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