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Vol. 4, No. 180 — SEPTEMBER 17, 1996 STATE COURT CASES FAMILY LAW 20-2-0022 Martha J. Schilling v. David Schilling, App. Div. (3 pp.) Questions before judge did not require evidentiary development beyond what was established in the papers, and judge did not err in not requiring a plenary hearing; therefore, trial court s order granting defendant s motion for a reduction of alimony is affirmed. CRIMINAL LAW AND PROCEDURE — EXPUNGEMENTS 14-2-0023 In the Matter of the Expungement of the Criminal Record of T.C., App. Div. (4 pp.) Although juvenile was not formally charged in a juvenile complaint for two incidents which occurred, he was definitely “held to answer by the police for reported delinquent conduct involving loitering, trespass, possession of alcoholic beverages and vandalism, and thus the expungement remedy was available to him and Law Division s order expunging all records of the two incidents is affirmed. FEDERAL COURT CASES BANKRUPTCY — MOTOR VEHICLE SURCHARGES — LIENS 42-6-0024 In re: Vincent Hayles, Debtor, U.S. Bankruptcy Ct. (6 pp.) Motor vehicle surcharges are not statutory liens which cannot be avoided in bankruptcy, since the DMV, although docketing the surcharges so that they have the same effect as civil judgments, has never levied on those judgments, and therefore the DMV has no better status than any other judgment creditor who has not levied to obtain lien status. [Filed Sept. 6, 1996.] INTELLECTUAL PROPERTY — AMENDING PLEADINGS 53-7-0025 Ingersoll-Rand Co. v. Union Camp Corp., et al. v. L. Allan Carlsmith, U.S. Dist. Ct. (6 pp.) In a case involving the inventorship of certain ozone bleaching patents, the court denies defendant s motion to file an amended counter-claim alleging tortious interference, unfair competition, conspiracy and RICO claims, since these claims plead new causes of action which arise out of a separate, tangential set of facts, and are not sufficiently related to the same transactions or occurrences currently at issue in the case. [Filed Sept. 5, 1996.] LABOR AND EMPLOYMENT 25-8-0026 Philip Varrallo v. Hammond, Inc., et al., Third Cir. (23 pp.) In case where employee of 34 years was fired for allegedly falsifying his time cards, the District Court correctly determined that employee s status was “at will and properly granted summary judgment to employer; however, since there is a genuine issue of material fact regarding the supervisor s alleged wrongful instruction to and interference with the employee, summary judgment as to the supervisor is reversed. [Filed Sept. 6, 1996.] LABOR AND EMPLOYMENT — VENUE 25-7-0027 Christopher P. Adamcheck v. Risk Enterprise Management, Ltd., etc., et al., U.S. Dist. Ct. (7 pp.) In case alleging that defendant s failure to hire part-time employee plaintiff on a full-time basis violated Title VII by discriminating against plaintiff because he is Hispanic, the court grants defendant s motion to transfer the case to N.Y., since the allegedly unlawful employment practices occurred in defendant s N.Y. offices and a substantial part of the events or omissions giving rise to the claim occurred there. [Filed Sept. 5, 1996.] CRIMINAL LAW AND PROCEDURE 14-7-0028 U.S.A. v. Michael Norwood, U.S. Dist. Ct. (28 pp.) The court grants defendant s motion for permission to introduce expert testimony at trial relating to the reliability of eyewitness identification, because the testimony is deemed to be sufficiently reliable and is sufficiently tied to the facts of the case to “fit”and be helpful to the jury. [Filed Sept. 6, 1996.][For publication.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE Nicholas Bissell Jr. and Michael Imbriani are long gone from their powerful positions in Somerset County’s criminal justice system. But the former prosecutor and former presiding criminal judge, both of whom left office in disgrace, are now being called to account for themselves — as witnesses — in the litigation aftermath. See page 5 of the Sept. 16 Law Journal.

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