Case Digests
SPONSOR SPOTLIGHT
New Jersey Division of Youth and Family Services v. L.M.
Thursday, May 16, 2013
The judgment of guardianship terminating parental rights is affirmed as to two children but vacated as to the third child.
State v. Buckley
Thursday, May 16, 2013
Defendant's proffered evidence regarding the decedent's failure to use a seat belt and the location of the utility pole the car struck is inadmissible on "but for" causation under N.J.S.A. 2C:2-3(a)(1) and on defendant's awareness of the risk under 2C:2-3(c).
State v. Terry
Wednesday, May 15, 2013
The state does not require a "special need" to intercept cellphone conversations between husband and wife under the Wiretap Act.
In the Matter of Subpoena Duces Tecum on Custodian of Records
Wednesday, May 15, 2013
The state's subpoena seeking defendant's UDIR was properly quashed because Directive 1-06 provides that information in a UDIR will not be used in grand jury proceedings or at trial; the directive is modified to permit future disclosure under specified conditions.
Drinker Biddle & Reath v. New Jersey Department of Environmental Protection
Wednesday, May 15, 2013
The unfiled discovery that plaintiff seeks is exempt from public disclosure under N.J.S.A. 47:1A-9b, and its common-law right-of-access claim is denied because the state's interests in confidentiality outweigh plaintiff's interest in disclosure.
Northgate Condominium Association Inc. v. Borough of Hillsdale Planning Board
Tuesday, May 14, 2013
The developer's notice of public hearings using incorrect lot numbers did not deprive the planning board of jurisdiction to decide its conditional-use application.
National Amusements Inc. v. Borough of Palmyra
Tuesday, May 14, 2013
A party may not recover attorney fees under § 1988 for interim relief when a district court ultimately dismisses the party's § 1983 claims on the merits.
Dan's City Used Cars Inc. v. Pelkey
Tuesday, May 14, 2013
Federal Aviation Administration Authorization Act § 14501(c)(1) does not pre-empt state-law claims stemming from the storage and disposal of a towed vehicle.
Bullock v. BankChampaign, N.A.
Tuesday, May 14, 2013
The term "defalcation" in the bankruptcy code includes a culpable state-of-mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.
Bowman v. Monsanto Co.
Tuesday, May 14, 2013
Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder's permission.
State v. Perry
Tuesday, May 14, 2013
Pennsylvania's refusal to transfer defendant to New Jersey because of his parole-violator-pending status did not violate the Interstate Agreement on Detainers.
Reese v. Weis
Thursday, May 9, 2013
In determining whether alimony should be modified or terminated because of the dependent spouse's cohabitation, a court may consider enhancements to the dependent spouse's lifestyle conferred by the cohabitation.
Winstock v. Galasso
Wednesday, May 8, 2013
Summary judgment is inappropriate where a jury could find that defendant's incorrect legal advice was a substantial factor in causing plaintiffs to engage in criminal conduct.
B.C. v. T.G.
Wednesday, May 8, 2013
When a domestic-violence victim is assaulted while pregnant, the final restraining order she obtains may also provide that the unborn child is an additional protected person effective on birth.
More Case Digests
Stockroom Inc. v. Dydacomp Development Corp.
Thursday, May 2, 2013
Plaintiff's claims of breach of contract and breach of warranty arising from installation of the allegedly defective software are time-barred as plaintiff failed to allege sufficient facts of fraudulent concealment for equitable tolling to apply; it has alleged a plausible claim for omission under the Consumer Fraud Act.
Barrick v. State of New Jersey
Thursday, May 2, 2013
The Division of Property Management and Construction erred in not doing an accessibility analysis of the two apparently nonconforming bids or a materiality/waiver analysis after learning that only one bid was noncompliant, and in recommending the award to the noncompliant bidder since the deviation was material and nonwaivable.
Cologna v. Board of Trustees, Police and Firemen's Retirement System
Thursday, May 2, 2013
Appellant was not entitled to the statutory five-year reinstatement period in the Police and Firemen's Retirement System because he voluntarily resigned from his former employment.
State v. Rangel
Wednesday, May 1, 2013
Based on the statute's plain language and a textual reading of the statute as a whole, aggravated assault "on another" in N.J.S.A. 2C:14-2(a)(3) refers to someone other than the sexual assault victim.
Elizabeth Center Apartments Urban Renewal Corporation v. City of Elizabeth
Tuesday, April 30, 2013
Nondeed restrictions controlling the sale price of a membership certificate of a cooperative of low- to moderate-income residences present a unique market in which to determine true value.
Schepisi & McLaughlin v. LoFaro
Tuesday, April 30, 2013
An evidentiary hearing is required to determine what fee, if any, the debtor's former counsel is entitled to collect pursuant to a charging lien and the terms of a contingency fee agreement.
Regalado v. Curling
Tuesday, April 30, 2013
Plaintiff's request to withdraw his name as a candidate, although untimely, should have been permitted so as not to deprive voters of their franchise.
DepoLink Court Reporting & Litigation Support Services v. Rochman
Tuesday, April 30, 2013
In this action to recover the cost of a transcript provided to an attorney, his third-party complaint against the collection agency alleging violations of the Fair Debt Collection Practices Act, the Consumer Fraud Act and common-law fraud was properly dismissed.
McBurney v. Young
Tuesday, April 30, 2013
State law granting state citizens access to all public records but giving no such right to out-of-staters does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are "fundamental."
Nicholas v. Mynster
Thursday, April 25, 2013
Plaintiffs cannot establish the standard of care through an expert who does not practice in the same medical specialties as the defendant physicians.
Sylvain v. Attorney General of the United States
Thursday, April 25, 2013
Mandatory detention under the Immigration and Nationality Act does not require immediate detention on release from custody.
State v. Rockford
Thursday, April 25, 2013
No bright-line rule precludes the use of a flash-bang device in the execution of a knock-and-announce warrant; the objective reasonableness of a search using such a device must be determined on a case-by-case basis considering the totality of the evidence.
State v. Pruitt
Thursday, April 25, 2013
A prosecutor's use of a peremptory challenge to excuse the only qualified African-American person in the jury panel required a nondiscriminatory explanation for the challenge.
