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Vol. 3 No. 211 Decisions Released Nov. 7, 1995 Editor’s Note: Since New Jersey courts are closed today, there are no state cases. FEDERAL COURT CASES ARBITRATION — LABOR AND EMPLOYMENT 03-7-6951 Guy A. Matteson III, et al. v. Ryder Sys. Inc., et al., U.S. Dist. Ct. (23 pp.) In a case where truck drivers and union locals seek to overturn an arbitration award regarding an increase in toll holdback charges, defendants’ motion for summary judgment on two counts of the complaint is granted, since the drivers have not completed the grievance procedure provided by a master agreement and lease, and their claims may not be adjudicated in the courts before these administrative remedies are exhausted; summary judgment also is granted on the remaining count of the complaint as the arbitrator’s decision is reasonably supported by the record and is not arbitrary. BANKRUPTCY 42-7-6952 In re: New Valley Corp., Debtor; Administration Nacional De Telecomunicaciones v. New Valley Corp., U.S. Dist. Ct. (7 pp.) Bankruptcy court properly denied communication company’s late filing of proof of claim, since company failed to overcome the presumption that the notices of the filing deadline (“bar date”) were properly mailed and failed to make a showing of excusable neglect, and since allowing the late filing would prejudice the debtor. EVIDENCE 19-7-6953 Florida Video Systems, et al. v. Sony Corp. of Am., U.S. Dist. Ct. (4 pp.) Where Sony did not produce an original color-coded inventory list because it could not be found, but produced a black and white copy as soon as it was available, together with a memorandum explaining the annotations made in the original report, such conduct does not evidence bad faith or a callous disregard of the federal discovery rules, and plaintiff’s motion to preclude the evidence at trial is denied. LABOR AND EMPLOYMENT 25-7-6954 Joseph Hart, et al. v. Twp. of Harrison, et al., U.S. Dist. Ct. (18 pp.) Where police officer alleged that police chief harassed and acted vindictively toward him by maliciously and intentionally withholding disability checks and instituting a disciplinary action for officer’s failure to return to work, defendant’s motion for summary judgment on officer’s federal law claims is granted, since the evidence is wholly insufficient to allow officer to carry his burden of proving any constitutional deprivation, and the remaining state law claims are dismissed. MUNICIPAL LAW — CONSTRUCTION CONTRACTS — BIDS 30-7-6955 Thomas & Sons, Bldg. Contractor, Inc. v. Twp. of Cranbury, et al., U.S. Dist. Ct. (25 pp.) In a suit alleging racial discrimination in bid acceptance, since minority contractor was the lowest qualified bidder on firehouse construction project, and has set forth more than sufficient evidence to dispel the municipality’s proffered reasons for rejecting its bid, municipality’s motion for summary judgment is denied. CRIMINAL LAW AND PROCEDURE — HABEAS CORPUS 14-7-6956 Bruce A. Risley v. Lawrence Ashton Sr., U.S. Dist. Ct. (26 pp.) Inmate’s petition for a writ of habeas corpus is denied, since he appealed neither his plea nor his sentence, and did not petition for post-conviction relief until more than three years beyond the period specified in state court rules, and therefore he is procedurally barred from pursuing further action on this case in the state courts, and state procedural default bars this federal habeas corpus petition under the facts of this case.

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