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Case Digests

Opinions Approved for Publication

Friday, February 5, 2010

State and federal court cases approved for publication.

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Unpublished Opinions

Friday, February 5, 2010

Unpublished state and federal court decisions.

Parish v. Parish

Thursday, February 4, 2010

The motion judge erred in restricting the parties' exercise of the right to file post-judgment motions in the absence of a specific finding of the need to control frivolous or vexatious litigation.

Cockerline v. Menendez

Thursday, February 4, 2010

Res ipsa loquitur permits a jury to infer a defendant was negligent; it does not permit inference of proximate cause.

Gonzalez v. Wilshire Credit Corp.

Thursday, February 4, 2010

The Consumer Fraud Act applies to the stipulation of payment agreements executed by the nondebtor mortgagor to cure a default between the nondebtor mortgagor and the mortgage servicer.

In re O'Brien

Wednesday, February 3, 2010

Defendant defrauded plaintiff/debtors with his mortgage rescue plan and is liable for damages under the New Jersey Consumer Fraud Act, the Truth in Lending Act, the Home Ownership and Equity Protection Act and the New Jersey Home Ownership Security Act of 2002, as is his attorney.

Manning v. Gold Belt Falcon, L.L.C.

Wednesday, February 3, 2010

The Federal Enclave Doctrine precludes plaintiffs' wage claim brought under the New Jersey Wage and Hour Law.

State v. Best

Wednesday, February 3, 2010

A school administrator need only satisfy the lesser reasonable-grounds standard rather than the probable-cause standard to search a student's vehicle parked on school property.

Palmer v. Henricks

Wednesday, February 3, 2010

The District Court properly denied petitioner's petition for a writ of habeas corpus based on ineffective assistance of counsel without convening an evidentiary hearing.

Nicastro v. McIntyre Machinery America, Ltd.

Wednesday, February 3, 2010

A foreign manufacturer that places a defective product in the stream of commerce through a distribution scheme that targets a national market may be subject to the in personam jurisdiction of a New Jersey court in a product-liability action.

Lake Valley Associates, L.L.C. v. Township of Pemberton

Tuesday, February 2, 2010

The adopted ordinance imposing registration and other regulatory requirements on landlords is valid and is not pre-empted by the Hotel and Multiple Dwelling Law.

Pignataro v. Port Authority of New York and New Jersey

Tuesday, February 2, 2010

Helicopter pilots are not exempt as "professional" employees under the Fair Labor Standards Act and therefore are entitled to mandatory time-and-a-half overtime compensation.

State v. Venable

Tuesday, February 2, 2010

Defendants are not entitled to a reversal of their convictions based on the trial court's announcement that members of the victim's and defendants' families would not be allowed in the courtroom during jury selection.

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