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Vol. 3 No. 214 Decisions Released Nov. 10, 1995 Editor’s Note: Since New Jersey courts are closed today, there are no state cases. FEDERAL COURT CASES COMMERCE — SHIPPING 08-7-6985 Barrington F. Watkis v. Kuehne & Nagel Inc., et al., U.S. Dist. Ct. (20 pp.) In a suit alleging various claims against receiver of plaintiff’s goods, which were damaged during shipment from Germany, (1) although the Carmack Amendment to the Interstate Commerce Act provides that a carrier or freight forwarder may be held strictly liable for injury to property, a receiver is not liable under this amendment, and, therefore, receiver is granted summary judgment on this claim, and, (2) since, under New Jersey law a person claiming goods must satisfy a bailee’s lien before the bailee is obligated to deliver, receiver is granted summary judgment on plaintiff’s claim that receiver was negligent in failing to deliver plaintiff’s goods to him. CORRECTIONS — RIGHT TO APPOINTED COUNSEL 13-7-6986 Allen L. Schaefer, Jr. v. Essex County Jail, et al., U.S. Dist. Ct. (5 pp.) Magistrate judge properly denied inmate’s counsel-appointment request, since case law governing the applicable causes of action is well-established, the issues are not complex, and the inmate is capable of presenting his own case; the inmate’s claim that, as a prisoner, he does not receive enough time or access to the law library, was accommodated by the magistrate judge’s extension of discovery. JURISDICTION — IN PERSONAM — TELEVISION 24-7-6987 Kenneth E. Raine, as Trustee v. Worldvision Enterprises Inc., U.S. Dist. (9 pp.) In an action by trustee for breach of certain broadcasting trust agreements, defendant’s motion to dismiss for lack of jurisdiction is denied, since, although defendant does not have sufficient minimum contacts to subject it to general in personam jurisdiction, it is subject to specific in personam jurisdiction because the films covered by the agreements were transmitted into New Jersey by the defendant to an anticipated New Jersey audience, regardless of the transmission’s origin. JURISDICTION — AMOUNT IN CONTROVERSY — HOSPITALS 24-7-6988 Elizabeth D. Maykish, et al. v. Kenneth Dollinger, M.D., et al., U.S. Dist. Ct. (8 pp.) Although New Jersey’s charitable immunity statute may limit a hospital’s liability for negligence claims, it does not cap hospital’s liability for fraud and intentional tort claims; therefore, since the amount that may be recovered is not limited, the “amount in controversy” requirement is satisfied and hospital’s motion to dismiss for lack of subject matter jurisdiction is denied. A

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